On February 17, 2026, President Ahmad Al-Sharaa issued General Amnesty Decree No. 39, granting a sweeping amnesty for crimes committed before its issuance. The decree excluded “gross violations against the Syrian people,” as well as crimes related to prostitution, exam fraud, and theft from electricity and communication networks.
But the decree immediately ignited a heated debate among legal experts. While some framed it as a “necessity of the transitional phase,” others saw it as a clear violation of the Constitutional Declaration—the supreme legal reference governing the transition and the primary text defining the limits of presidential authority.
Article 40 of the Constitutional Declaration grants the President the power to issue special amnesties and restore civil rights. It makes no mention of a general amnesty, nor does it grant the President any legislative authority to issue abstract, binding rules that nullify crimes and penalties.
This silence is not a gap. It is a deliberate constitutional boundary.
What a General Amnesty Means—and Why It Is Dangerous
Dr. Mohammad Darwish, a legal expert, explained to Ultra Syria that a general amnesty is one of the causes for extinguishing penal actions under Article 147 of the Syrian Penal Code. It strips an act of its criminal nature, halts all penal procedures, and nullifies the effects of any previous conviction.
Because a general amnesty effectively suspends the application of the law, it is—by definition—a legislative act. Only the legislative authority may issue it. This is why the Penal Code distinguishes sharply between:
- General amnesty → issued by law
- Special amnesty → issued by the President (Article 150)
Legal scholars, Dr. Darwish notes, widely agree that general amnesties are extraordinary and potentially dangerous. Modern legal systems avoid them except in rare, exceptional circumstances—typically to advance national reconciliation or to release political prisoners and individuals convicted of minor offenses.
A Constitutional Overreach with Serious Implications
According to Dr. Darwish, the decree represents a “dangerous precedent” and a clear departure from constitutional legitimacy. The Constitutional Declaration does not grant the President legislative authority. Therefore, he cannot issue a general amnesty.
This raises profound concerns about the state’s commitment to the rule of law at a moment when Syrians are striving to build a constitutional order after decades of authoritarianism.
Dr. Darwish lamented the absence of a constitutional court capable of reviewing the decree’s legality. He also dismissed the justifications offered by some legal commentators as “weak and unconvincing.”
Among the arguments he rejects:
- “Revolutionary legitimacy”
This ended on March 15, 2025, with the issuance of the Constitutional Declaration. The country is now governed by constitutional—not revolutionary—authority. - “He who can do more can do less”
The idea that the author of the Declaration can override it is fundamentally flawed. Constitutions exist precisely to limit power. The President is bound by the Declaration, even if he authored it.
Dr. Darwish also criticized the decree’s content, noting that it pardons serious crimes—including theft, crimes against state security, treason, and the recruitment of mercenaries. While some of those convicted under the Assad regime were political detainees mislabeled as criminals, the decree also releases large numbers of ordinary offenders at a time when society is already struggling with fragile security conditions.
If a general amnesty is truly necessary, he argues, the proper course is to wait for the formation of a fully constituted People’s Assembly, which alone holds the constitutional authority to issue such a law.
A Step Backward in the Separation of Powers
Dr. Radwan Ziadeh, Executive Director of the Syrian Center for Political and Strategic Studies in Washington, told Ultra Syria that the Constitutional Declaration clearly does not grant the President the power to issue a general amnesty. This, he said, “creates a real debate about the possibility of establishing and entrenching the idea of law and justice in the new Syria.”
He emphasized that the very concept of law is rooted in the principle that the ruler is subject to the same laws as the people. Equality before a known, written law is what allows citizens to accept it as the ultimate arbiter in administrative, criminal, and political disputes.
Ziadeh placed this within the framework of the separation of powers:
- The executive authority enforces the law.
- The judiciary ensures its supremacy over all persons, including the ruler.
The judiciary, he noted, often relies on institutions like the police to enforce its rulings. The degree to which a ruler respects judicial independence determines a society’s legal and political development—and its long-term stability.
Ziadeh expressed deep concern over the lack of progress in separating powers in the new Syria and the apparent “return of the executive authority to complete hegemony without parliamentary or judicial oversight.” He warned that this marks “the beginning of a real dysfunction in building the political system Syrians aspire to after a revolution for which they paid a heavy price.”
A Constitutional Question That Cannot Be Ignored
The general amnesty decree raises a fundamental constitutional problem. Its implementation will ultimately be judged by:
- the clarity of its exceptions,
- the transparency of its application,
- and the guarantee of equality before the law.
But the core issue remains unresolved: Does the President have the constitutional authority to issue a general amnesty?
If the answer is no—and the Constitutional Declaration strongly suggests it is—then the decree risks becoming a selective tool, closing files that require serious legal accountability rather than advancing transitional justice.
In transitional periods, a general amnesty must be evaluated not only as a legal measure but as part of a broader path toward sustainable justice. Anything less undermines the very foundations of the state Syrians are striving to build.
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.
