Kurdish victims of Baath regime can file complaints to justice seeking body

ERBIL, Kurdistan Region - Syrian Kurds who have been subjected to the collapsed Baathist regime's crimes in the last half century can visit a recently formed justice-seeking commission to file complaints, a member of the commission said earlier this week. 

“Our commission will record all transgressions towards civilians and will work to punish the perpetrators,” Radef Moustafa, a Kurdish member of the National Transitional Justice Commission, told Rudaw on Sunday. 
 
He added that Syrian Kurds “who were tortured and victimized during the March 12, 2004 uprising can file complaints to prosecute those responsible.”

The commission was established in May but Syrian interim President Ahmed al-Sharaa issued a presidential decree for its establishment on August 25. It consists of 13 members, including at least a Kurd. 

The commission only accepts complaints related to violations committed from 1970 to the date of its establishment. 

The following is the full transcript of the interview:

Rudaw: What are the tasks of the National Commission for Transitional Justice?

Radef Moustafa: Its primary mission is related to the gross human rights violations that occurred in Syria. The goal is to expose these violations, punish perpetrators, implement institutional reforms, and compensate victims. It is also necessary to prevent the recurrence of these violations and to archive a Syrian national memory so that it becomes part of history.

What are the commission’s mechanisms for documenting violations and war crimes, and is there a specific timeframe for its work?

First, I would like to clarify how the commission was established so that we can discuss its work. Numerous consultations were held with victims' families, civil society, international organizations, and states, as well as with Syrian academic experts. We held our first meeting in Damascus and established six specialized committees. Each committee is linked to a core department, such as fact-finding, trial, and community reconciliation and understanding. All of these committees include representatives of victims and their families. We have begun work, and these six committees are supervised by our commission members… We will also soon open our offices in four major provinces. Time is very important. We will work on the violations that occurred from 1970 until the issuance of the President's decree.

Rudaw: Not just from the Baath regime era?

No, not just from the Ba'ath regime era, from 1970 until now. For example, for the Kurds, those who were tortured and victimized during the March 12, 2004 uprising can file complaints to prosecute those responsible.

How will they approach you, and in which governorates will you open your offices?

We are in the founding phase, preparing a transitional justice law that will be passed when parliament is formed. We are currently working to open our offices in the governorates where the largest genocides were recorded. We are working throughout Syria. Regarding places where we cannot open offices, we will have mobile teams that will go and do field visits. We will also be in contact with the institutions that have worked on the violations. Our offices will be open, and the families of the victims can attend and register their complaints.

Will you go to northeast Syria (Rojava) and other Kurdish areas?

We can go to Afrin, but other cities are linked to a special political situation between the Syrian Democratic Forces (SDF) and the government. If there is a chance, we have no problem. Syria is for Syrians, and the people, whether Kurds, Turkmens, or Arabs, are all our people. We will investigate any violation that occurs. We will work in accordance with international standards and human rights laws, because Syrian laws are not suitable for cases of genocide.

When can we see tangible results from the commission's work?

This is a very large and complex issue, and we are in the initial stages. For the first phase, we set a five-year period for the commission's work, but it may take longer. We need to document and gather information. We have a million martyrs and numerous violations. The Assad regime has used chemical weapons and committed genocides. We promise the Syrian people that we have a very strong will. We are an independent committee and we are not affiliated with the government or any other political parties or security [forces]. We work to provide compensation and justice to victims in order to establish a new situation and provide justice in Syria for victims and their families.

I can't say we'll see anything tangible soon. We now need a judicial institution dedicated to transitional justice, because the regular Syrian courts are insufficient for this purpose. We must have a special chamber in the court, with staff, judges, and all departments linked to our committee, so that we can organize everything in a systematic manner.

You mentioned the March 12, 2004 uprising, but in your opinion, what are the most egregious violations and crimes committed against Kurds in Syria during the former regime that require a special investigation and trial?

We cannot make that decision, neither as a committee nor as an individual. It is not a personal decision; it is up to the Syrian people who register complaints. We have proposed, in the law that will soon be issued, that this transitional justice is neither retaliatory nor personal, but rather general, and all serious human rights violations fall under our authority to investigate. When human rights organizations, civil society, and victims approach us, we will investigate those violations. I'll tell you frankly, someone who used chemical weapons is not the same as someone who committed theft. We will give greater importance to serious crimes, but I still say, our doors are open to all those who have been harmed and subjected to major violations, and we are obligated to investigate their complaints.

How will the commission deal with the so-called Arab Belt project and the 1962 census against the Kurds in Roajava’s Jazira region? Are there any specific plans for reform and compensation?

Unfortunately, this commission is authorised to investigate cases from 1970 upwards to the date of its establishment. I believe that project was in 1967.

It began with the 1962 census.

True. The census was conducted that year, and then the Arab Belt extended to 1976 as well. Therefore, it also includes Decree No. 49 on buying and selling. However, I believe the Kurdish file related to the 1962 census will be a separate issue and will be resolved within the framework of political and financial capabilities.

I believe that those who have been denied citizenship will receive additional privileges during the establishment phase, as they have been denied this right for years. However, this issue is not within the framework of our committee's work.

Why 1970, and why not before, even though the Baath Party was in power at the time?

This was not the decision of one or two people. Rather, many consultations took place regarding the timing and authority, and this decision was reached. I wish we could go back before 1970, especially because in the 1960s, there were two major issues for the Kurds: the census and the Arab Belt. These are major problems that require political, social, and legal efforts to resolve.
I want to clarify this as well, many people ask us about our authorities regarding events in Suwayda and the Syrian coast. I want to say that the decree establishing this justice body was issued before the events in Suwayda and the Syrian coast.

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