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No political solution without Accountability and Justice

Nov 16th, 2015

TJCG    

The Secretary General of the United Nations, Mr. Ban Ki-Moon

The Security Council President, Mr. Matthew Rycroft

Special Envoy Staffan De Mistura and his team,

 

We are Syrian lawyers, judges, and civil society organizations working in the fields of human rights and transitional justice. We reiterate our belief in a political solution to the Syria conflict that will achieve stability, security, freedom, and economic recovery for all Syrians.

We declare however, that we will not accept any political solution to the Syrian conflict that does not include an accountability process with an aim to prosecute those on all sides who have perpetrated war crimes and crimes against humanity.

The initiatives currently being proposed by yourself and other members of the international community fail to take into account the cornerstone of a successful transitional process: accountability and the rule of law. We have seen leaked documents, heard public declarations and attended meetings where it has been hinted or stated outright that immunity may be offered to suspects of war crimes.

The Syrian people’s right to justice and accountability cannot be bought and sold by the international community in the name of peace. A deal cannot be imposed on the victims of war crimes and their families against their will; we Syrians must be consulted on these decisions that shape our futures.

As lawyers, judges and civil society workers, we have studied carefully the experiences of transitional justice in other conflict areas. We have come to the conclusion that a transition cannot be successful when war criminals are not held to account. Therefore we believe the current proposals entrench impunity and jeopardize the entire political process. When war criminals are allowed to remain free, or worse yet, to lead nations, it leads to failed states as demonstrated by the situation in other countries in the region. Any initiative that fails to address the rights of the Syrian people to freedom and dignity and treats the situation in Syria solely as an armed conflict will only lead to a temporary solution that will ultimately fail.

Recent proposals by politicians and so-called experts to solve the conflict by partnering with Assad to defeat terrorist groups are inherently flawed. Terrorism cannot be addressed by offering further impunity to perpetrators of war crimes. Rooting out terrorism can only be done by a Syrian citizenry empowered by rights and protected by its state institutions. Syrians have been the first victims of the terrorism that the Syrian conflict has spawned and they were the first to lead the fight against groups such as the so-called Islamic State. A political solution that provides justice and rights is the most effective counter-terrorism measure the international community can support.

The Syrian people have made tremendous sacrifices, not only to gain political representation, but also to build a political system based on justice, freedom, dignity, and equal citizenship for all. Hence, any political solution that does not hold perpetrators to account through fair courts, reforming state institutions, compensating victims, and commemorating their memory through a comprehensive national transitional justice program will not lead to a successful political process that provides security and stability to Syria and its neighbors.

We are prepared to have our representatives meet with you at any time. We urge you to listen to the Syrian people.

Sincerely:

Abdel Moneim kachkach

Abdel-Aziz al-Bakri

Abdel-Fattah Abdel Fattah

Abdo Burhan

Abdul Hadi Mustafa

Abdul Hamid Hamada (judge)

Abdul Ilah Ahmed (judge)

Abdul Qadir Rahim

Abdul Rahman Al Allaf

Abdul Rahman Sheikh Ali

Abdul Razak Aljlli

Abdul Razak Hussein (judge)

Abdul Razak Razzouk

Abdullah Abdullah

Abdullah Haji Hassanal (judge)

Abdullah Halak

Afra Alamu

Ahmad Alabed

Ahmad Hariri

Ahmad Walid Assaf

Ahmed al-Ahmad

Ahmed Ali Sabra

Ahmed Al-Mubarak

Ahmed Greer

Ahmed Khattab (judge)

Ahmed Qassoum

Ahmed Rashid

Ahmed Rnjebal

Ahmed Sabra

Ahmed Sawan

Ahmed Shibli

Akram Zein

Ala Wite (human rights)

Alaa El Gamal

Alaa Moussa

Ali Alnaasan (judge)

Ali Alshone

Ali Badran

Ali Hussein

Ali Mldon

Ali Rashid Hassan

Amer al-Bakri (judge)

Amira Takech

Ammar Araour

Arif Achouri

Assi Halak

Atef Achouri

Ayman al-Najjar

Ayman Alshab

Baidaa Hamoud (judge)

Diab Alberho

Erwa Susi

Fahd Rajoub

Faik Satifi

Fakhr al-Din al-Arian (judge)

Farhad Shaheen

Fatima Soussi

Fayez al-Daher (judge)

Firas Haj Yahia

Ghassan Almrei

Ghassan Kador

Ghassan Sheikh

Ghazwan Korwnfol

Habbush Lata (judge)

Haider Horie

Hamidou Saleh

Hammoud Faraj

Hamza Kojak

Hassan Alaanad

Hassan dahan

Hassan Hussein (judge)

Hassan Khatib

Hassan Musa

Hatem Nasane (judge)

Hossam Sarhan

Hossam Zaccour

Husam Shehada

Hussein Mouhalli (judge)

Ibrahim Hilal

Ibrahim Hussein (judge)

Ibrahim Malki

Ibrahim Rage

Iman Shahoud (judge)

Irfan Kengo

Jamela Sadek

Jamil Othman Samao

Jamil Sahare (human rights)

Juma Aldbes (judge)

Juma AlSabah

Kamel Atala

Khairallah Gnome (judge)

Khalid Al Hindawi (judge)

Khalid AlHoulo (judge)

Khalid Al-Youssef

Khalid Hassan Aeklh

Khalid Shihab-Eldin (judge)

Khalil Osman

Khallad Alorad

Khibat Talas

Leila Tmuo

Mahmoud Ahio

Mahmoud Alaaisa

Mahmoud Daoud

Mahmoud Hadi Al-Najjar

Mahmoud Kalou

Mahmoud Khalil

Mahmoud Sweidan

Majd Noelati

Malik Husrom (judge)

Malik Sheikh Hassan

Mamoun Afif (judge)

Mamoun Alabed

Mamoun Al-Ahmad

Masum Ali

Mohammed Abdul Aziz (judge)

Mohammed al-Najjar (judge)

Mohammed Da'al (judge)

Mohammed Faraj

Mohammed Haj Abdo

Mohammed Hrpleyh

Mohammed Ismail (judge)

Mohammed Khalil

Mohammed Qbagbjee

Mohammed Rami Nagara

Mohammed Saleh

Mohammed Saleh Hassan

Mohammed Sayer (judge)

Mohammed Taleb

Mohammed Walid Gibran

Mohiuddin Ismail

Muhammad Al-Abdullah

Muhammad Alfaris

Muhammad Anwar Majane (judge)

Muhammad Zein Rushdie

Mustafa ElBaradei

Mustafa Muosto

Mustafa Muslam

Mustafa Qasim (judge)

Mustafa Sultan

Mustafa Yusuf

Muthanna Alomar

Muthanna Nasser

Nadir Matrouh

Najib Dadam

Namer Namer (judge)

Nasser Hassan (judge)

Nasser Hussain

Nuri Namer

Omar Greens

Omar Hamidi

Osama Suleiman

Radif Mustafa

Rasha Ragab (judge)

Riad Ali (judge)

Riad Haji Huwaish

Riad Tmuo

Saleh Abdullah

Shahim Ali

Suhail Mousselmani

Tahir Mallah

Wael Alezzo

Warde Ahmed

Yasser alsaid

Yasser Hammouche

Yassin Hilal

Yossef Sanno

Yossuef Alaalo (judge)

Yossuef Horan

Youssef Abbas

Zakaria Aminu

Ziad Al-Mohammad

Ziad Arabs

 

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