Judiciary of Syria

The Court of Cassation, sitting in Damascus, is the highest court of appeals.[1] It has the authority to resolve judicial issues.[2] 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.[1] Also at the basic level were juvenile and other special courts and an administrative tribunal known as the Council of State.[1]

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.[1] 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".[1] The court consists of the president and four judges he appoints to serve a renewable term of four years.[1]

Civil and criminal courts are organized under the Ministry of Justice.[2] Defendants before these courts are entitled to the legal representation of their choice; the courts appoint lawyers for indigents.[2] Defendants are presumed innocent; they are allowed to present evidence and to confront their accusers.[2] Trials are public, except for those involving juveniles or sex offenses.[2] Defendants may appeal their verdicts to a provincial appeals court and ultimately to the Court of Cassation.[2] Such appeals are difficult to win because the courts do not provide verbatim transcripts of cases—only summaries prepared by the presiding judges.[2] There are no juries.[2]

Military courts have the authority to try civilians as well as military personnel.[2] The venue for a civilian defendant is decided by a military prosecutor.[2] There were continuing reports that the Government operates military field courts in locations outside established courtrooms.[2] Such courts reportedly observe fewer of the formal procedures of regular military courts.[2]

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.[2] Both courts operate under the state of emergency, not ordinary law, and do not observe constitutional provisions safeguarding defendants' rights.[2] The SSSC was abolished by President Bashar al-Assad by legislative decree No. 53 on 21 April 2011[3] and was replaced by the Counter-Terrorism Court.