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Following Return Flows from Lebanon, Government Seeks to Crackdown Further on Dissent

04-12-2024/in HLP, News /by Alicia Medina

Under Decision No. 951, issued on October 14, the Minister of Interior mandated property owners to register rental agreements with administrative units in whose jurisdiction their properties are located or at Citizen Service Centres authorised to record such contracts. This applies to properties rented for residential, commercial, industrial, or professional purposes.

The decision, bearing the letterhead of the Planning and Legislation Department within the Internal Security Forces of the Ministry of Interior, stipulates that administrative units and Citizen Service Centres must notify police stations in their jurisdiction of any new rental agreements within 48 hours of registration. They are required to provide copies of the rental agreement and personal identification documents for both the landlord and tenant.

Additionally, the decision obligates property owners and occupants to visit the relevant police station and complete a “Contract Notification Form” issued by the Ministry of Interior. This applies in cases where the property is occupied without a formal lease, such as under loan or investment contracts. Regardless of the nature of the occupancy, police must then investigate the legal and security status of tenants or occupants to ensure there are no judicial or security proceedings against them.

Judicial proceedings include: 

  • Warrants: Police-issued orders based on judicial instructions, such as arrests for crimes in progress (e.g., a brawl that leads to injuries).
  • Verdict Summaries: Issued by criminal courts detailing case outcomes and sent via public prosecution to the police for enforcement.
  • Police Bulletins: Final judicial orders disseminated to law enforcement and border points for action against convicted individuals.

The decision also uses vague language to assess whether an individual poses a “threat to public security and order,” without clear legal definition. This ambiguity enables authorities to pursue individuals for undefined reasons, violating the principle of legality, which demands specific legal grounds for prosecution or punishment. As a result, Decision No. 951 denies individuals the right to occupy properties without legal justification.

This vague terminology appears to be directed at suppressing political dissent. Syrian security forces are known to issue security alerts and warrants without legal backing to track political opponents. Decision No. 951 facilitates such unlawful actions, posing a serious threat to the right to housing.

The decision coincided with the return of hundreds of thousands of Syrian refugees from Lebanon, many of whom are wanted by Syrian security agencies but were not detained at the borders. The Syrian government appears eager to avoid alarming international donors and human rights organisations while facilitating the covert surveillance and persecution of returning political dissidents.

Moreover, many returnees face challenges such as damaged or destroyed homes in their original areas of residence. In some cases, returns are outright banned, as in Jobar (Damascus), or conditional on prior security clearance, as in Yarmouk Camp and Al-Hajar Al-Aswad. Entire regions, like Qusayr and its surroundings (controlled by Hezbollah), remain inaccessible. Consequently, many refugees are forced to rent alternative housing, often without adequate state support, while government shelter facilities are allocated exclusively to Lebanese displaced people.

Decision No. 951 requires police to maintain special records for property occupancy, regardless of the method (rental, loan, investment, etc.). It also allows individuals to file direct complaints with the police about unauthorised property occupancy. This provision enables community reporting, whereby anyone can notify the police of unregistered property use. Upon receiving a complaint, the police are instructed to conduct an inspection, verify the claim, and initiate preliminary investigations with the property owner and occupant. Occupants are given 30 days to regularise their status by securing a legal document, such as a rental agreement. Failure to comply results in eviction.

However, the decision does not specify the eviction process, leaving ambiguity about whether the police or judiciary would enforce it. Under Syrian procedural law (Criminal Procedure Code No. 112 of 1950), police cannot evict occupants without a court order. Occupants without legal documentation are considered to have committed property extortion under Article 756 of the Syrian Penal Code. In such cases, the property owner must file a request with the public prosecution, which refers it to a magistrate’s court for investigation. Only after exhausting all appeals and issuing a final judgement can the eviction be executed by the police in accordance with legal procedures.

https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png 0 0 Alicia Medina https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png Alicia Medina2024-12-04 12:54:142024-12-17 17:52:38Following Return Flows from Lebanon, Government Seeks to Crackdown Further on Dissent

Read also

  • A quarterly journal on housing, land and property rights in Syria – Issue 1
  • Reconstruction and the Right to Housing in Syria: Toward a Transitional Policy that Protects Property and Reduces Real Estate Investment Risks
  • Ministry of Endowments Opens the Waqf Property File: Drawing on Ottoman Waqf Records and Reappraising Rents
  • Yazidi Villages in Hassakeh: Protracted Displacement and Property Seizure
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