The Syrian Network for Human Rights (SNHR) has raised concerns over Legislative Decree No. 16 of 2025, which abolishes preventive property seizures issued between 2012 and 2024, citing serious legal gaps that undermine its effectiveness.
Issued on May 12, 2025, by Syrian President Ahmad al-Shara, the decree nullifies thousands of arbitrary asset freezes imposed on Syrian citizens—often for political or retaliatory reasons under the previous regime. However, the SNHR’s latest report, titled “A Legal Analysis of Legislative Decree No. 16: A Preliminary Corrective Step Requiring Further Legislative Action in the Transitional Justice Process,” argues that the decree fails to establish a robust legal framework to prevent future abuses or ensure full restitution for victims.
Key Shortcomings in the Decree
- Exclusion of Judicial Seizures
- The decree does not cover seizures ordered by prosecutors or investigative judges, leaving many victims without recourse.
- It ignores properties where preventive seizures were converted into permanent confiscations or transferred to the state or loyalist entities.
- Failure to Repeal Decree No. 63 (2012)
- Despite being the legal basis for most seizures, Decree No. 63 remains in force, creating contradictions in enforcement.
- No Clear Compensation Mechanisms
- The decree lacks procedures for restitution (restitutio in integrum), particularly for displaced Syrians abroad or in non-government-controlled areas.
- It offers no financial compensation alternatives where restitution is impossible.
- Silence on Forced Property Transfers
- Under the former regime, many seized properties were illegally transferred to state-affiliated entities through executive seizures—a process the decree does not address.
Recommendations for Reform
The SNHR report urges the transitional government to:
- Explicitly repeal Decree No. 63 and all related exceptional laws.
- Extend nullification to judicially ordered seizures.
- Enact a dedicated reparations law with mechanisms for property restitution or fair compensation.
- Freeze all real estate transactions involving confiscated properties pending legal review.
- Publish lists of affected individuals and establish appeal processes.
- Ensure accountability for officials who enforced unlawful seizures.
- Engage civil society in monitoring implementation and seek international technical support.
A Step Forward, But More Reforms Needed
While Decree No. 16 marks a symbolic break from past repression, the SNHR stresses that transitional justice requires broader legal and institutional reforms. Without addressing these gaps, the decree risks being merely declaratory, failing to deliver real justice for thousands of dispossessed Syrians.
This article was translated and edited by The Syrian Observer. The Syrian Observer has not verified the content of this story. Responsibility for the information and views set out in this article lies entirely with the author.
