Assad’s death sentence turns into a safe conduct

A thirst for revenge on the one hand and a desire for justice on the other are vying for the soul of post-Assad Syria. The former has today led thousands of people to celebrate the death sentences handed down by judges against the leaders of the old regime, including Bashar al-Assad. The latter, however, risks being stifled in a dead end, as these sentences make it unlikely that the dictator will one day sit in the dock of a courtroom to answer for his actions. Alongside Bashar – who was tried in absentia as he has been in Moscow with his family since December ’24 – his brother Maher was also sentenced to death. Maher, who is also believed to be in Russia, was commander of the ruthless Fourth Division of the Republican Guard, a parallel army responsible for some of the most heinous crimes. The person sentenced after appearing before the judge was Ateb Najef, Assad’s cousin and former head of the Political Security Bureau in Daraa. As the verdict was read out, celebrations broke out in the streets of the southern Syrian city.

But on closer inspection, justice has not been done and, paradoxically, Bashar’s death sentence bears more resemblance to a safe conduct granted to the former dictator. The timing of the verdict is suspicious, coming just two days after the agreement between Damascus and Moscow on the dismantling of the Russian bases in Tartus and Latakia, Syria. It is likely that the deal allowing the Russians to remain (albeit only partially) secretly included some arrangement concerning Assad’s fate. Then there are the legal issues, which, with the death sentence, will make the extradition of the dictator and his family to Damascus complicated, if not impossible. In the United Kingdom, for example, it is not permitted to extradite prisoners to countries that impose the death penalty. Yet Bashar’s wife, Asma, is a British citizen and is suspected of having travelled to the United Kingdom in the utmost secrecy in recent years. In short, yesterday’s verdict has effectively ensured that the Assads will never set foot in Syria again and that they will not pay for their crimes. A promise of impunity rather than a death sentence.