The Syrian judiciary confirmed that the verdict against former President Bashar al-Assad was not issued simply because he held the position of president, but was based on evidence that documented his direct responsibility through a chain of command in issuing orders to field operatives.
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The head of the Fourth Criminal Court in Syria, Judge Fakhr al-Din al-Aryan, explained in a statement to the SANA news agency that the court specializing in transitional justice is a Syrian judicial body affiliated with the Supreme Judicial Council, and applies Syrian laws, and is not a special or exceptional court.
Judge Al-Aryan said that the court has decided on four cases known to the Syrian people related to the commission of serious violations, and is currently following up on about 61 pending cases in accordance with due legal procedures.
He pointed out that the verdict issued against the fugitive criminal Bashar al-Assad was not issued merely because he held the position of President of the Republic, but rather because his responsibility was proven through the chain of command and orders, and the evidence that documents his direct participation in issuing orders from the top of the pyramid to the field executors.
He added that "the in absentia rulings issued against the fugitive criminals Bashar al-Assad, Maher al-Assad and others have legal effect, and are sent to the International Criminal Police to pursue them, noting that these rulings are issued to ensure that the course of justice is not disrupted and are not final, as soon as the fugitives are arrested or surrender themselves, the in absentia ruling is dropped, and the trial procedures are restarted until a judgment is issued in their presence."
In a related context, Judge Al-Aryan pointed out that the former regime deliberately obliterated evidence before its downfall and sought to hide everything that proves the fate of the detainees in order to evade its crimes, which makes the task of determining the fate of the missing persons arduous.
He stressed that the court applied the principle of protecting witnesses and evidence for both parties, as the protection included witnesses of the victims and witnesses of the accused, as happened in the case of Atef Najib, in which the court responded to the request to hear witnesses protected by secret numbers.
Regarding the financial aspect, the court ruled to confiscate the money of the convicts and deposit it in a special fund until a compensation fund is formed, in order to guarantee the rights of the broad base of victims who were unable to appear and file a personal claim.
Judge Al-Arian concluded his remarks by emphasizing that the path of transitional justice is continuing, that justice will pursue all those involved, that rights will be restored to their owners, and that everyone will receive their rights and guarantees before the court, whether they are accused or victims.