A Damascus court has sentenced ousted President Bashar al-Assad to death in absentia [Getty]
Syria’s Justice Ministry has formed a committee to work with Interpol to pursue former regime officials abroad, an effort that could widen Damascus’s search for figures accused of crimes under Bashar al-Assad but faces significant legal and political obstacles.
Deputy Justice Minister Mustafa al-Qassem announced the committee on Wednesday, telling Al-Ikhbariyah TV that it would coordinate international efforts to extradite suspects, pursue crimes linked to transitional justice and recover Syrian funds allegedly taken abroad.
He said greater cooperation with foreign governments could help Syria bring back suspects who fled the country and face prosecution at home.
The announcement came a day after a Damascus criminal court sentenced several former officials to death in absentia, including Assad and his brother Maher. The former president fled to Russia after his government was overthrown in December 2024.
But Damascus’s ability to bring former officials back to Syria will depend far less on Interpol itself than on the governments now hosting them.
Syrian human rights lawyer Anwar al-Bunni told The New Arab that extradition could not take place simply because Damascus requested it.
“Extradition does not simply happen because a country asks for a suspect to be handed over. There must be a proper legal process, and in some cases agreements between the countries concerned,” al-Bunni said.
“You need a complete case file containing the charges, evidence and other relevant material so that the authorities can establish that this is a genuine criminal case and not a politically motivated prosecution or a case related to someone’s opinions.”
What Interpol can do
Interpol can help locate suspects and circulate requests for their detention, but it cannot order an arrest or force a country to extradite someone.
As an Interpol member, Syria can seek a Red Notice, an international request asking police forces to locate and provisionally arrest a wanted person while extradition proceedings are considered.
Such requests generally require a domestic arrest warrant or judicial decision, along with information identifying the suspect and detailing the alleged crimes.
But a Red Notice is not an international arrest warrant. Governments remain free to decide whether to act on one according to their own laws and international obligations.
Al-Bunni said Syrian authorities would first have to assemble the relevant case material before seeking international action.
“The file has to go through the relevant authorities and then to Interpol,” he told The New Arab. “Interpol will examine the case and, if it meets its requirements, it can issue a Red Notice requesting that the person be located and provisionally arrested.”
“It is not a case of saying, ‘I want this person returned because he is a criminal,’ and Interpol simply acting on that request,” he added. “It is a much more complicated process, with a number of conditions that have to be met.”
Even an arrest would be only the beginning.
Extradition proceedings can involve courts, government ministries and lengthy appeals. Authorities in the country receiving Syria’s request could scrutinise the evidence against the suspect, the fairness of the Syrian proceedings and whether extradition would expose the person to treatment prohibited under domestic or international law.
That could make the pursuit of some of the most prominent former officials particularly difficult.
Assad, for example, has been granted asylum in Russia, which is unlikely to surrender him to Damascus regardless of whether Syria seeks Interpol assistance.
In practice, the committee may initially prove more useful in assembling case files, locating suspects and testing the willingness of individual governments to cooperate than in securing the immediate extradition of senior figures from the former regime.
Death sentences complicate extradition efforts
Syria’s pursuit also faces another obstacle of its own making: the death sentences handed down against Assad and other former officials.
Many countries will refuse extradition when a suspect could face execution, torture or other ill-treatment, or when there are concerns that a trial would not meet international standards. Governments that permit extradition in death-penalty cases can demand binding assurances that the punishment will not be imposed or carried out.
Al-Bunni said both the prospect of capital punishment and questions over due process could prove decisive when foreign governments consider Syrian extradition requests.
“The country where the suspect is located will also need to be satisfied that the person will receive a fair trial,” he told The New Arab. “The death penalty is another major issue, particularly for countries that do not recognise or apply capital punishment.”
“A complete file, evidence, witnesses and guarantees of a fair trial will all be important,” he added. “The possibility of a death sentence could also create serious difficulties for an Interpol request and for any eventual extradition.”
The fact that the latest sentences were issued in absentia could bring additional scrutiny from foreign courts.
Damascus may have to demonstrate that suspects extradited to Syria would receive a full opportunity for a new trial, with access to lawyers, sufficient time to prepare a defence and proceedings before an independent court.
Al-Qassem said the ministry was seeking the “highest degree of compatibility” between Syria’s judiciary and international standards while maintaining Syrian sovereignty over the transitional-justice process.
That balance is likely to become increasingly important as Damascus seeks cooperation abroad.
Human-rights organisations and legal experts have already raised concerns over the use of the death penalty and the safeguards surrounding trials of former regime figures. Foreign governments asked to extradite suspects will have to make their own assessment of those proceedings before agreeing to send anyone back.