Explainer: General Amnesty Law
The Democratic People’s Council of the DAANES issued the General Amnesty law no. 10 on July 17th, 2024, in response to the demands of tribal leaders during the 2nd Syrian tribes’ forum. The latter was held in Heseke on May 25th and attended by around 5,000 sheikhs and other tribal notables. The law reflects the DAANES’ ongoing efforts to achieve social and political stability in the region, while adhering to human rights and social justice standards.
The amnesty law will lead to the release of hundreds of prisoners from NES prisons. It does not specify plans of reintegration and monitoring, or psychological and social support for the released prisoners. It also comes as the threat of ISIS is still present in the region, with sleeper cell activity persisting. RIC conducted interviews to clarify the background, criteria and content of the amnesty law. RIC spoke with Atiya Youssef, a member of the Prosecution Administration Committee of the Social Justice Council of NES, Ali Rahmoun, deputy co-chair of the Syrian Democratic Council (SDC), and Farid Ati, co-chair of the Democratic Peoples’ Council of the DAANES.
Atiya Youssef, member of the Public Prosecution Administration Committee of the Social Justice Council of NES
Background
This is not the first instance of an amnesty law being implemented in the region of North and East Syria. Firstly, it was applied at the level of the Jazira canton, and subsequently, in 2020, at the level of North and East Syria. This is the third occasion on which it has been enacted.
Atiya Youssef describes how the General Amnesty law came into being, emphasizing that it derives its legitimacy from the latest Social Contract: “Article 93, Clause 14 of the Social Contract stipulates that the DAANES has the right to approve and grant amnesty. An initial meeting was held in May with tribal dignitaries. They requested an amnesty for crimes committed against the DAANES. Following the meeting, the People’s Council requested a draft of the law from the Justice Council. Once the draft was completed, it was sent to the People’s Council for approval.” She also notes that amnesty declarations had already preceded the new law: ‘‘This is not the first instance of an amnesty law being implemented in the region of North and East Syria. Firstly, it was applied at the level of the Jazira canton, and subsequently, in 2020, at the level of North and East Syria. This is the third occasion on which it has been enacted.’’
Ali Rahmoun, deputy co-chair of the SDC
According to Ali Rahmoun, the deputy co-chair of the SDC, the General Amnesty law was enacted in response to ongoing Turkish attacks and other interventions, such as those by Syria and Iran in Deir ez-Zor. The latter attempt to stir up tribal, clan-based and Arab-Kurdish conflicts in the regions of the DAANES. The amnesty law is a measure to prevent the aggravation of divisions amid the resulting regional instability.
Rahmoun explains that the General Amnesty law was decided upon during a tripartite meeting involving the Syrian Democratic Forces (SDF), the SDC, and the DAANES. The meeting included careful deliberation over the assessment criteria for the amnesty.
Implementation and Reintegration Processes
Farid Ati, co-chair of the Democratic People’s Council, stresses that prisoners who benefit from the amnesty will remain responsible to those they have harmed with their criminal actions, in accordance with Article No. 4 of the law, and that processes of rehabilitation have been agreed upon: “Tribal notables pledged to care for the released prisoners and to monitor their behavior, especially in the cases directly connected to their tribes and clans. The bodies of the DAANES, such as internal security forces and local councils, will register the names of those released, record their histories, determine their place of residence within communes and monitor their movements. They will also be rehabilitated in cooperation with all relevant institutions, local and international organizations, and women’s movements.”
Farid Ati, co-chair of the Democratic Peoples’ Council of the DAANES
Ali Rahmoun confirms that the law is underpinned by a commitment to rehabilitation, stating: “Procedures were discussed before issuing the amnesty and releasing the detainees. Many meetings were had with families, tribal leaders and clans. Human rights organisations also assured us that they will play a role in this process.” He further mentions that centres for psychological and social support needs will be opened for the purpose of rehabilitation.
Prisoner releases
Following the ratification of the General Amnesty law, the first batches of prisoners have been released. Releases occurred at several prisons and detention centres in Raqqa, Heseke, Deir ez-Zor and Manbij, the most prominent of which were the Gweiran Central prison and Alaya prison. Ali Rahmoun tells RIC that the General Amnesty law “was met with general approval from international legal and human rights organizations, and greeted with considerable and heartfelt satisfaction by tribes and families, as evidenced through their welcoming reception of the prisoners who were granted amnesty.’’
The law does not include serious criminal offences, and only includes crimes committed by Syrians before July 17, 2024.
Families await for the release of their relatives from Heseke prison [Photo: DAANES website]
Farid Ati asserts that third country and Iraqi nationals are excluded from the amnesty, counter to false information that was disseminated by some media outlets. He specifies that the General Amnesty law only applies to Syrian prisoners, as per Article No. 1: “the law does not include serious criminal offences, and only includes crimes committed by Syrians before July 17, 2024.” The DAANES continues to urge the establishment of an international tribunal for their prosecution. “There are about 60 nationalities present in the prisons of the DAANES. We asked their countries to set up courts but this has not happened” Youssef says.
The six articles of the Amnesty Law are as follows:
DAANES General Amnesty Law
Law No. 10 of 2024
Article 1
A general amnesty is granted for terrorist crimes and crimes directed against the security of the DAANES, which were committed by Syrians before 7/17/2024, as stipulated in the Anti-Terrorism Law No. 7 of 2021 and its amendments, and the General Penal Law No. 2 of 2023.
Article 2
A – The sentence of temporary imprisonment shall be reduced by half.
B – The sentence of life imprisonment shall be replaced by a term of fifteen years of temporary imprisonment.
C – Convicted individuals serving a life or temporary sentence, who are suffering from an incurable disease that requires assistance with personal care, shall be granted amnesty.
D – Convicted individuals who have reached the age of 75 years on the date of enactment of this legislation, including those serving life sentences, shall be granted amnesty.
Article 3
The following are excluded from the provisions of this legislation:
A – Individuals who were occupying leadership, command, or training roles within terrorist organizations, as well as members of terrorist organizations who engaged in hostilities against the Syrian Democratic Forces, perpetrators of bombings and other crimes resulting in death, and any other convicted perpetrators of terrorist crimes who have not been proven to have successfully completed the reform program at the Reform and Rehabilitation Center.
B – Those who have committed crimes outlined in Articles 147, 144, 133, 132, and 131 of the General Penal Law No. 2 of 2023.
C – Those who have been convicted and are currently evading justice will be excluded from the provisions of this law, unless they surrender themselves within the specified time frame. Those who are within the region of the DAANES must surrender themselves within 60 days from the effective date of this law. Those who are outside this region must surrender themselves within 90 days.
Article 4
This amnesty does not affect the right to pursue personal claims. In all cases, the victim may file their case before the courts of justice.
Article 5
A – The Social Justice Council shall constitute a medical committee to examine the beneficiaries of the provisions set forth in paragraph (c) of Article 2 of this law. This examination shall be conducted based on a request submitted by the beneficiary or their legal agent, or the administration of the Rehabilitation and Reformation Center, within a maximum period of 30 days from the date of the law’s enactment.
B – The reports of the medical committees are published in accordance with a decision by the Social Justice Council of North and East Syria.
Article 6
The law shall take effect from the date of its promulgation by the People’s Democratic Council of the DAANES.
