In a significant legal and rights-based move, coinciding with the ongoing discussions surrounding "legal due diligence and investment protection" initiated by Zaman al-Wasl, an important legal memorandum has emerged, clarifying the issues related to those referred to the Anti-Corruption Commission.
The memorandum, addressed to relevant authorities, including the Anti-Corruption Commission and the Ministry of Justice, was sent by a group of businesspeople. It does not call for halting the fight against corruption, but rather establishes a "constitutional and legal" framework to ensure that accountability proceeds in tandem with safeguarding economic rights and guaranteeing fair trial procedures.
The Missing Balance
The memorandum affirms in its introduction that "combating corruption is a legitimate objective," but emphasizes that the legitimacy of the objective does not justify exceeding constitutional means.
This initiative comes at a time when investors and businesspeople fear that precautionary measures—taken during the investigation phase—could become "preemptive sanctions," paralyzing economic institutions before a final judicial ruling is issued.
Legal Foundations
The memorandum is based on a number of established constitutional principles, most notably:
• The presumption of innocence: Rights and property cannot be infringed upon based on mere suspicion.
• The independence of the judiciary: Guaranteeing the right to defense as an inviolable constitutional principle.
• The protection of private property: Guaranteed by the constitution, emphasizing that investigating the owner of the property does not necessarily mean halting the economic activity itself.
Saving Economic Activity from Paralysis
One of the most serious points raised by the memorandum is the issue of "business continuity." It warns that disrupting economic establishments as a result of investigations into owners leads to negative repercussions affecting a wide segment of society:
1. Workers: Threatening their livelihoods.
2. Creditors and suppliers: Undermining confidence in commercial transactions.
3. The national economy: Declining tax revenues and market activity.
The memorandum proposed a procedural solution: issuing restricted copies of commercial registers bearing a seal stating that they are valid only for litigation and defense purposes. This would allow lawyers to perform their duties without creating loopholes for infringing upon or transferring ownership.
A Call to Protect Investment
The memorandum did not overlook the international dimension, noting that investment, whether domestic or foreign, is fundamentally based on legal trust. It emphasized the state's obligation to adhere to international investment agreements that mandate fair and equitable treatment, warning that the absence of judicial oversight of seizure and freezing procedures could send negative signals to the Syrian investment climate.
A Roadmap for the Future
The memorandum concludes with specific requests, all aimed at institutionalizing the relationship between regulatory bodies and the private sector. Among the most prominent are:
• Subjecting all seizure decisions to swift and effective judicial review.
• Guaranteeing the right of those referred to court to appoint lawyers without restrictions.
• Separating the financial liability of the company (as an economic entity) from that of the partners (as individuals subject to investigation).
The memorandum concludes with a clear message: the integrity of the state begins with respect for legal guarantees. The rule of law is not merely a slogan; it is the umbrella that protects society, safeguards rights, and ensures that justice—in its highest form—is an instrument for building, not destroying.
Zaman al-Wasl
Zaman Al Wasl
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