Disclaimer: This article does not refer to those involved in war crimes and the bloodshed of Syrians.
The Anti-Corruption Commission must differentiate between those with financial resources who support Assad, fund militias, and have profited from the war, and the historical national capital and long-established productive families whose work and wealth extend back over 200 years, perhaps even more, and who are concentrated in Damascus and Aleppo. How can these families be expected to invest millions of dollars in projects within Syria when they fear the seizure of their assets and the eviction of their homes and factories against the law?
The following are answers to questions we received from several affected individuals, answered after consulting with lawyers:
- The Anti-Illicit Enrichment Authority has absolutely no right to evict a family home or private residence based on a precautionary seizure order. If any family is evicted from their home without an explicit judicial order, this constitutes a violation of Syrian law. The affected party can appeal to the Administrative Court (State Council) to have the administrative decision overturned due to abuse of power or its invalidity in cases of serious legal defects. A precautionary seizure is registered on the property registry to prevent sale, transfer, or gift, and does not include eviction.
- The Anti-Illicit Enrichment Authority proposes to the relevant authorities the approval of a precautionary seizure and travel ban (the judiciary and authorization from the Minister of Finance). It is not authorized to impose a seizure or travel ban without a clear and explicit decision from the judiciary or the Minister of Finance exclusively (the Minister of Finance must be familiar with the case file and sign it personally or through direct authorization from one of his assistants).
- - The Anti-Corruption Commission does not possess absolute authority to prosecute criminal or penal offenses, which remains the exclusive domain of the judiciary and the competent judicial and penal bodies. The Commission itself does not constitute a "judicial police force" in the purely legal sense granted to police or security agencies, or to the Public Prosecution's investigations under the Code of Criminal Procedure. Rather, it relies on joint coordination with relevant public entities (such as the Ministries of Justice and Interior, and financial and oversight bodies) to gather information and implement decisions in carrying out its duties and monitoring its actions.
- The Anti-Corruption Commission has no legal basis or authority to establish its own "private prison" or to detain individuals without resorting to official channels. Informing the family and ensuring the presence of a lawyer are mandatory. (Here, we are answering a question, not making an accusation.)
- The Anti-Corruption Commission is not entitled to detain or arrest any person within its premises (in its offices) to force them to pay sums of money or make settlements that the Commission assumes or expects to be paid. (Here, we are answering a question, not making an accusation.)
- Most importantly; In many cases, foreign investors have international legal avenues to challenge or sue the state (or its official institutions and bodies) abroad, based on bilateral investment protection and promotion agreements or multilateral international treaties. If a judgment is issued, the investor can be compensated from Syrian state assets held abroad. Is the Illicit Gains Authority aware of this?
Mr. President,
The formation of the Anti-Illicit Gains Committee is an important step towards recovering public funds. However, the indiscriminate expansion of precautionary measures (such as blanket asset seizures and travel bans) is threatening the investment climate, violating legal rights, and exposing the state to the risks of international lawsuits and arbitration by foreign investors.
Therefore, we urge your immediate intervention to regulate the committee's work by:
1. Limiting the power to restrict freedoms and assets to the judiciary alone, and prohibiting the eviction of residents based on asset seizure orders.
2. Providing swift guarantees for appeals and protecting the rights of investors and citizens.
3. Safeguarding the anti-corruption process from arbitrary practices that hinder economic recovery.
With utmost respect and appreciation.
Al-Hussein Al-Shishakli - Zaman Al-Wasl
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