Juvenile Laws at Syria
Syria's juvenile justice system has faced significant challenges, particularly due to the ongoing conflict and political instability. While there are legal frameworks in place, their implementation has been inconsistent, and numerous reports highlight severe violations of children's rights.
⚖️ Legal Framework
Juvenile Delinquents Act No. 18 of 1974: This law defines a juvenile as any person under 18 years of age. It outlines various reform measures, including delivery to a parent or guardian, placement in a juvenile reform institute, and care measures for homeless or morally corrupt minors. For serious offenses committed by juveniles over 15, the law permits penalties ranging from imprisonment to hard labor. Juveniles are to be tried in specialized juvenile courts, which include both part-time and full-time collective courts, as well as magistrate courts. These courts are composed of judges and members from various ministries, including Education and Social Affairs
🏛 Juvenile Justice System
Specialized Juvenile Courts:According to Syrian law, juveniles are to be tried in specialized juvenile courts by judges experienced in juvenile issues, These courts aim to provide a more rehabilitative approach to juvenile offenders, However, reports indicate that the actual application of these provisions has been inconsistent, especially during periods of conflict
Reform Measures:The law allows for various reform measures, such as placement in a juvenile reform institute or under the care of a guardian, It also permits the imposition of penalties for serious offenses committed by juveniles over 15, These measures are intended to focus on rehabilitation rather than punishment
🚨 Violations and Challenges
Detention and Execution of Minors Investigations have revealed that Syrian security forces have detained minors without trial, holding them until they reach adulthood and then transferring them to military field courts, where they have been sentenced to deat. This practice violates both Syrian and international law, which prohibit the death penalty for individuals under 18
Trials in Military Courts There have been instances where minors were tried in military courts rather than specialized juvenile court. For example, three Syrian Kurds were sentenced to prison terms by the Supreme State Security Court, despite being under 18 at the time of the alleged offense
Lack of Implementation While the Juvenile Delinquents Act provides a framework for juvenile justice, its implementation has been inconsisten. Reports suggest that during periods of conflict, minors have been detained without trial and subjected to harsh conditions, undermining the rehabilitative intent of the law
🛡 Rights and Safeguards
*Separation from Adults: Syrian law mandates that juveniles be held separately from adults in detention facilitis However, due to the ongoing conflict, there have been instances where this separation has not been maintained, leading to concerns about the safety and well-being of detained minors
*Access to Legal Representation: The law stipulates that juveniles have the right to legal representation. Nonetheless, reports indicate that many minors lack access to adequate legal counsel, particularly in conflict zones, which impedes their ability to receive a fair trial
🤝 International Commitments
**Convention on the Rights of the Child (CRC)*: Syria is a state party to the CRC, which sets international standards for the treatment of children in the justice sysem. However, the country's adherence to these standards has been questioned due to reports of violations, including the detention and execution of minors
🌱 Reform Efforts
Youth Justice Initiativ: In response to the challenges faced by the juvenile justice system, initiatives like the "Save me, I'm not a Criminal" project have been launched. This project advocates for the establishment of special courts for juveniles and the creation of corrective facilities within existing prisons, separate from adult aes. These facilities aim to provide psychological care, family visitation rights, education, and vocational training, emphasizing rehabilitation over punishment.
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While Syria has established legal frameworks for juvenile justice, the ongoing conflict and political instability have severely hindered their effective implementain. Reports of violations, such as the detention and execution of minors, highlight the urgent need for reform and adherence to international standards to protect the rights of children in the justice system.
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