The judicial system of

Syria Syria, officially the Syrian Arab Republic, is a country in West Asia located in the Eastern Mediterranean and the Levant. It borders the Mediterranean Sea to the west, Turkey to Syria–Turkey border, the north, Iraq to Iraq–Syria border, t ...

is a synthesis of Ottoman,

French French may refer to: * Something of, from, or related to France ** French language, which originated in France ** French people, a nation and ethnic group ** French cuisine, cooking traditions and practices Arts and media * The French (band), ...

, and

Islamic laws Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intan ...

. The

civil Civil may refer to: *Civility, orderly behavior and politeness *Civic virtue, the cultivation of habits important for the success of a society *Civil (journalism) ''The Colorado Sun'' is an online news outlet based in Denver, Colorado. It lau ...

commercial Commercial may refer to: * (adjective for) commerce, a system of voluntary exchange of products and services ** (adjective for) trade, the trading of something of economic value such as goods, services, information or money * a dose of advertising ...

and

criminal In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...

codes are primarily based on the French legal practices. Promulgated in 1949, those laws have special provisions sanctioned to limit application of customary law among

beduin The Bedouin, Beduin, or Bedu ( ; , singular ) are Nomadic pastoralism, pastorally nomadic Arabs, Arab tribes who have historically inhabited the desert regions in the Arabian Peninsula, North Africa, the Levant, and Mesopotamia (Iraq). The Be ...

and religious minorities. The Islamic religious courts continue to function in some parts of the country, but their jurisdiction is limited to issues of personal status, such as marriage, divorce, paternity, custody of children, and inheritance. Nonetheless, in 1955 a personal code pertaining to many aspects of personal status was developed. This law modified and modernized sharia by improving the status of women and clarifying the laws of inheritance.

Supreme Judicial Council

The appointment, transfer and dismissal of judges is handled by the

High Judicial Council The Supreme Judicial Council of Syria () is the highest judicial authority in Syria. Competences The council is charged with the appointment, transfer and dismissal of judges. It is composed of senior civil judges and chaired by the president. ...

. The council is composed of senior civil judges and chaired by the

president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...

. The independence of the judiciary is guaranteed by president in his role as chairman of the High Judicial Council, according to Article 131 of the

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

. Article 133 stipulates that judges be autonomous and subject to no authority other than the law. However, with the adoption of the Interim Constitution, Article 43 states that the judiciary is independent, and judges are subject only to the law, while the Supreme Judicial Council ensures the proper functioning of the judiciary and upholds its independence.

Court system

The Syrian judicial system is composed of the civil and criminal courts, military courts, security courts, and religious courts, which adjudicate matters of personal status such as divorce and inheritance.

Court of Cassation

The Court of Cassation, sitting in

Damascus Damascus ( , ; ) is the capital and List of largest cities in the Levant region by population, largest city of Syria. It is the oldest capital in the world and, according to some, the fourth Holiest sites in Islam, holiest city in Islam. Kno ...

, is the highest court of appeals. It has the authority to resolve judicial issues. Below the Court of Cassation are courts of appeal, and at the lowest level are courts of first instance, designated variously as magistrate courts, summary courts, and peace courts. Also at the basic level were juvenile and other special courts and an administrative tribunal known as the Council of State.

Supreme Constitutional Court

The Supreme Constitutional Court was established under the 1973 Constitution to adjudicate electoral disputes, rule on the constitutionality of a law or decree challenged by the president or People's Council, and to render opinions on the constitutionality of bills, decrees, and regulations when requested to do so by the president; it does not hear appeals. The High Constitutional Court is forbidden, however, to question the validity of the popularly approved "laws submitted by the President of the Republic to popular referendums". The court consists of the president and four judges he appoints to serve a renewable term of four years.

Civil and criminal courts

Civil and criminal courts are organized under the

Ministry of Justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...

. Defendants before these courts are entitled to the legal representation of their choice; the courts appoint lawyers for indigents. Defendants are presumed innocent; they are allowed to present evidence and to confront their accusers. Trials are public, except for those involving juveniles or sex offenses. Defendants may appeal their verdicts to a provincial appeals court and ultimately to the Court of Cassation. Such appeals are difficult to win because the courts do not provide verbatim transcripts of cases—only summaries prepared by the presiding judges. There are no juries.

Military courts

Military courts have the authority to try civilians as well as military personnel. The venue for a civilian defendant is decided by a military prosecutor. There were continuing reports that the Government operates military field courts in locations outside established courtrooms. Such courts reportedly observe fewer of the formal procedures of regular military courts.

Security courts

The two security courts are the Supreme State Security Court (SSSC), which tries political and national security cases, and the Economic Security Court (ESC), which tries cases involving financial crimes. Both courts operate under the state of emergency, not ordinary law, and do not observe constitutional provisions safeguarding defendants' rights. The SSSC was abolished by President

Bashar al-Assad Bashar al-Assad (born 11September 1965) is a Syrian politician, military officer and former dictator Sources characterising Assad as a dictator: who served as the president of Syria from 2000 until fall of the Assad regime, his government ...

by legislative decree No. 53 on 21 April 2011Decrees on Ending State of Emergency, Abolishing SSSC, Regulating Right to Peaceful Demonstration
, ''

SANA The Syrian Arab News Agency (SANA) () is a Syrian state-owned news agency, linked to the country's ministry of information. It was established in June 1965. SANA publishes more than 500 news stories and 150 photos on a daily basis and operate ...

'', 22 April 2011 and was replaced by the Counter-Terrorism Court.

References

{{Judiciaries of Asia Government of Syria