About two months ago, the General Secretariat of the Presidency announced the formation of a special committee to follow up on Decree 66. Those affected considered this a formal acknowledgment of the genuine injustice suffered by thousands of families as a result of this decree. They viewed it not as a mere property dispute or routine regulatory procedure, but as a systematic act of revenge in which the law was used as a tool for displacement and forced eviction.
Decree 66, issued in 2012, is considered one of the most dangerous decrees affecting large areas of Damascus, including Mezzeh, Kfar Souseh, Qadam, Asali, Nahr Aisha, and other districts. It led to the confiscation of private property, the displacement of original inhabitants, and opened the door for networks of profiteers and contractors, all within a clear context of punishment linked to the stances taken by the residents of these areas during the early years of the revolution.
Reservations of Those Affected by Decree 66 Regarding the Committee's Composition
In this context, Yasser Abbas, representing those affected by Decree 66, offers his perspective on the newly formed committee, stating: “As a representative of those affected by Decree 66, I reiterate our reservations regarding the current composition of the General Secretariat Committee of the Presidency.
Only two individuals have been appointed to represent those affected, while the majority are from executive bodies involved in implementing the decree.
Furthermore, these two individuals, with all due respect, are affiliated with local councils within the Damascus Governorate and are not independent representatives of those affected.
We observe that the proposed discourse focuses more on 'amendments to the plan' than on addressing the root causes of the grievances. This increases the likelihood of confining solutions within a narrow administrative framework, rather than achieving a just and comprehensive resolution.
We also fear that priorities will shift towards serving the interests of contractors, investors, and those benefiting from the current situation.
Achieving justice for those affected requires genuine and independent representation, free from any conflict of interest.”
Therefore, we demand the formation of an independent committee under the auspices of the National Transitional Justice Commission to guarantee justice and rights.
Transitional Justice: A Prerequisite for Fairness
For his part, Radwan al-Ghafir, head of the Association for the Repeal of Decree 66 and the Restoration of Rights, clarifies the position from the perspective of transitional justice, stating: “We, in the Association for the Repeal of Decree 66 and the Restoration of Rights, affirm that addressing the grievances of Decree 66 cannot be achieved through executive committees linked to the very entities that implemented it, entities that have a direct interest in the decree's continued existence and its ongoing effects.”
Transitional justice requires the formation of an independent and impartial committee, free from any conflict of interest.
Accordingly, justice will not be achieved through any committee whose members are predominantly representatives of the executive authorities associated with Decree 66, which include: the Ministry of Local Administration, the Ministry of Housing and Public Works, the Damascus Governorate, the Directorate for the Implementation of Decree 66, and the Damascus Cham Holding Company.
We emphasize that this structure makes the committee both a party to the dispute and the judge.
Therefore, we demand the formation of an independent committee, reporting exclusively to the National Transitional Justice Commission, comprising representatives of the victims, legal experts, and independent judges. Its mandate should be to conduct a thorough investigation into grievances, restore rights, and ensure fair compensation.
Justice is not a mere formality, but an inherent right essential for building trust, providing redress for victims, and reparating harm.
Legal Approach: Repeal is a Constitutional Obligation
Within the legal framework, lawyer Louay Al-Aqlah, a member of the Legal Committee of the Association for the Repeal of Decree 66 and the Restoration of Rights, offers his legal assessment of the decree:
As a lawyer and a member of the Association's Legal Committee, I affirm that Decree 66 is an exceptional law that has inflicted widespread injustice upon citizens and must be repealed immediately, in accordance with Article (48) of the Syrian Constitutional Declaration, which stipulates the repeal of exceptional laws and the removal of their effects.
Article 3 stipulates that Islamic jurisprudence is the primary source of legislation, necessitating the redress of grievances and the restoration of rights. Article 12 incorporates human rights conventions into the Declaration, thus requiring the protection of property, the prevention of forced displacement, and the guarantee of the right to litigation.
Therefore, the violations resulting from Decree 66 cannot be addressed through superficial solutions or executive committees. Rather, the case must be referred to the Transitional Justice Commission stipulated in Article 49, as it is the competent body for uncovering the truth, ensuring accountability, providing redress to victims, and guaranteeing the non-recurrence of violations.
The Victims' Demand: A Counter-Decree
In concluding this report, those affected by Decree 66 affirmed that they place their hopes in President Ahmed al-Sharaa after years of hardship and waiting, expressing their confidence that achieving justice requires a courageous sovereign decision.
They say this crime can only be resolved or contained through a counter-decree issued by the President of the Republic, nullifying the effects of Decree 66, restoring rights to their rightful owners, redressing the damages, and putting an end to one of the most serious legislative crimes in the history of modern Syria.
Muhammad Mazen al-Dimashqi - Zaman al-Wasl
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