The Syrian Ministry of Justice has announced that it has sent a judicial training delegation to Germany in the fields of transitional justice and the rule of law, comprising a group of judges, with the aim of strengthening the professional capacities of the judiciary.
The ministry said on its Facebook page on Monday, 1 December, that the delegation was dispatched following an agreement concluded months ago between the Syrian Minister of Justice, Mazhar al-Wais, and a delegation from the German Agency for International Cooperation (GIZ).
According to the Ministry of Justice, the agreement at the time stipulated organizing a study trip for Syrian judges to Germany.
The delegation aims, as the ministry stated, to enhance the professional capacities of the judiciary, particularly in the areas of the rule of law, transitional justice, and housing, land, and property rights.
The ministry added that the delegation will visit “key” judicial institutions in Germany, which will give participants the opportunity to learn about comparable judicial practices, judicial independence, and modern court administration.
What is the German Agency for International Cooperation?
The German Agency for International Cooperation (GIZ) is a federal enterprise with more than 50 years of experience in the field of international cooperation. It works to promote economic development and employment, is committed to supporting energy and the environment, and strives to achieve peace and security, especially in fragile contexts.
The agency works to build a livable future around the world, serving a society that protects individual rights and embraces sustainable change.
It cooperates with international organizations, academic and scientific institutions, civil society, and the private sector, and has a presence in more than 120 countries.
Acute legitimacy crisis
On 30 July, the Syrian Network for Human Rights (SNHR) issued a report on the main problems affecting the Syrian judiciary.
The Network said that Syrian judicial institutions suffer from acute crises of legitimacy and effectiveness, noting that the lack of judicial independence in Syria is one of the major obstacles to entrenching the rule of law in the post-Assad phase.
It added that the authoritarian use of the judiciary over decades transformed it from a power for fair adjudication of disputes into a tool for ensuring the regime’s survival, which resulted in what is commonly referred to as a “vacuum of legitimacy”, a gap that cannot be filled through technical reforms alone.
According to the Network, this institutional erosion is reflected in the Syrian reality in citizens’ reluctance to resort to the courts and in a growing tendency to “take justice into one’s own hands”, which signals a collapse of public trust in the judicial apparatus.
The Network stressed that the Syrian constitutional declaration, which was drafted to frame the transitional period, entrenches the dominance of the executive authority rather than constraining it.
It pointed out that granting the president the power to appoint the Supreme Constitutional Court, ignoring the creation of an independent Judicial Council, failing to set clear standards for judicial appointment and dismissal, and omitting safeguards against political retaliation, together with the absence of constitutional guarantees on judicial tenure, budgetary independence, and administrative decisions, all place judges in a vulnerable position and subject them to pressure from the executive branch.
The Network also noted an urgent need to build sustainable institutional channels for judicial recruitment and training.
It explained that the deterioration of the infrastructure of legal education in Syria makes capacity building along traditional lines difficult, since law faculties still operate with outdated curricula and suffer from a shortage of practical training resources.
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