Justice Visions

As a central institution of the Assad’s regime’s system of governance, the prison is aimed at destroying political subjects in Syria. Mass imprisonment has a devastating impact on Syrian society.

Despite its omnipresence, an overview of this gulag or system of prisons spread all over the country, was lacking so far. Determined to fill that gap, researchers Uğur Ümit Üngör and Jaber Baker published The Syrian Gulag, Assad’s Prisons, 1970-2020. They looked among others into the intelligence agencies that operate, according to Uğur, like a vacuum cleaner. “They penetrate into society and extract people from it. Then they process these human beings by subjecting them to violent treatment, to torture and other forms of interrogation, and keep them in these prisons for a while.” As Jaber highlights, this prison system has enormous physical, psychological, social and economic consequences. “There are hundreds of missing persons in the darkness of this gulag and no one knows anything about them. This breaks up families.”

Imprisonment is a national trauma that has left its traces in the cultural domain, generating a huge body of prison narratives. In her research project SYRASP, Anne-Marie McManus relates the functions of these narratives in the domain of among others literature, cinema and visual arts to different verbs: knowing, remembering and feeling; not only as a form of remembrance but also as political contestation. “I think actually one of the major goals of the prison field today is to articulate a new meaning, or a set of meanings around imprisonment and enforced disappearance.”

The new episode of the Justice Visions and Impunity Watch mini-series on justice efforts for Syrians deals with truth-seeking and the potential of artistic practices. In the absence of an official truth-seeking mechanism, Syrian NGOs and victim groups are increasingly turning to truth-seeking to address pressing justice needs. We explore the quest for the truth with Sema Nassar, Laila Kiki and Mohammad al-Attar who shed a light on truth-seeking efforts, the role of artistic practices and how arts can offer a parallel process to justice efforts. 

Syrian human rights defender Sema Nassar constantly hears the same despairing question: “We want to know what happened. What is the fate of my son or daughter?” Currently, the families of over 100.000 forcibly missing and disappeared in Syria are deprived of that kind of information. Illustrating the case of the Douma Four human rights defenders, Sema insists that revealing the fate of the missing and disappeared is one of the priorities: “Whether they want to pursue accountability or if this truth satisfies them and they can reconcile with it one way or another, or even if they want to find compensation: the first step before anything is knowing the truth.”

Truth-seeking is a difficult endeavour in any case, and even more so in an ongoing conflict that is marked by uncertainty over facts and evidence. In contexts like these, artistic practices can offer more complex understandings of truth. Director of the Syria Campaign Laila Kiki, for example, believes that art and culture can reflect the diverse experiences of the survivors and victims. She gives the example of the Freedom Bus, a bus covered with pictures of missing loved ones that toured Europe, aiming to make their absence visible. It became also a symbol of comfort. “To many Syrians, it became a place for physical gathering in the diaspora, not only for the 100,000 families who have loved ones disappeared in Syria, but also for the movement for justice.”

Playwright Mohammad al-Attar considers arts as a parallel process to justice efforts, that allows to combine documentary with fiction, to start with real references and real protagonists, but to also appeal to the imagination. He believes that in a situation like in Syria, where the tragedy is still ongoing, arts can “create spaces where you can discuss these difficult topics with more ease, with more freedom, with less tension, with less polarization.”

In this new episode of this mini-series on justice efforts for Syrians by Justice Visions and Impunity Watch, we critically examine criminal accountability efforts. Since the start of the al-Khatib trial in April 2020, the first one involving Syrian state torture, criminal proceedings have dominated the justice debate. Patrick Krocker (ECCHR), Anwar al-Bunni (SCLSR) and Veronica Bellintani (SDLP) shed light on the impact of criminal accountability, the central role of victims and the need to complement criminal proceedings by other efforts.

Syrian lawyer Anwar al-Bunni insists that we cannot overestimate the importance of trials under universal jurisdiction, especially as the conflict is ongoing. “The most important thing is to send a message to the perpetrators that there is no room for impunity in Syria's future, to prevent such crimes from happening in the future and not give perpetrators a sense of security that allows them to commit crimes, whether in Syria or elsewhere.” In this respect, the transnational cooperation between Syrian lawyers, civil society groups and international NGOs was key: it demonstrated that while most avenues are closed and realpolitik reigns, justice is not impossible.

As a lawyer on behalf of the victim plaintiffs at the al-Khatib trial, Patrick Krocker witnessed first-hand how this trial created a momentum for international justice. While the road ahead is long, he is cautiously optimistic: “there are a lot of prosecutors and investigators that have very deep knowledge of the situation in Syria, that have gathered tons of evidence. I think that the genuine motivation that this evidence is there and should be used is going to stay.”

Closely observing the criminal proceedings and the prominent role of victim groups, Veronica Bellintani notes that criminal accountability should not be seen as a superior form of justice, and that victims’ perspectives should be central. “After the al-Khatib trial there was a lot of conversation about which other perpetrators should we look for: high level perpetrators, low-level perpetrators? Should we file more complaints? And I think that the conversation should have been more about: how can we make sure that our next justice efforts, our next litigation proceedings are done together with survivors?”

In this new mini-series, Justice Visions podcast teams up with Impunity Watch to tell the story of Syrian justice actors’ struggle to unlock the road to justice. Through interviews with practitioners, Brigitte Herremans, Habib Nassar and Mohammed Abdullah will debate justice efforts for Syrians in the domain of accountability, documentation, victim’s activism and truth-seeking.

Historical commissions are not a new phenomenon. The rise and popularity of the historical commission model took place throughout the nineties and early two-thousands – coinciding with the end of the Cold War – when professional historians took a new interest in engaging with the politics of the past. However, they have been increasingly framed as instances of transitional justice; and this is new. This paradigm shift has been particularly noticeable within consolidated democracies, where post-colonial states are increasingly facing pressures to come to terms with the legacies of their violent pasts.

In this episode, Prof. Tine Destrooper speaks with Dr. Cira Palli-Aspero, postdoctoral research fellow with Justice Visions, and Dr. Alexander Karn, from Colgate University, to explore the link between historical commissions and transitional justice, when these operate in consolidated democracies. We take a conceptual approach to first talk about how these commissions operate and what are their normative objectives; and second, to explore what are the implications of framing these historical commissions in consolidated democracies as instances of transitional justice, and especially the implications for the field of transitional justice.

“…what the historical commissions may help the field of transitional justice to understand is that you do not have sort of hard and fast dates that can be used to cleanly bracket injustice. There needs to be a willingness to think about how the conditions of injustice evolved and what legacies the injustice leaves going forward” – Alexander Karn.

Alexander Karn is Associate Professor of History and Peace and Conflict Studies at Colgate University (NY, USA).  He has worked extensively on the politics of history in contemporary societies, on understanding historical dialogue and justice in transitional regimes and established democracies, and on the role of historical commissions in conflict mediation and reconciliation. He is the author of Amending the Past: Europe’s Holocaust Commissions and the Right to History (University of Wisconsin Press, 2015) and co-editor (with Elazar Barkan) of Taking Wrongs Seriously: Apologies and Reconciliation (Stanford University Press, 2006). Since 2014, he has been a member of the steering committee for the Historical Dialogues, Justice, and Memory Research Network (www.historicaldialogues.org).

Why should we talk about youth participation in transitional justice? How can we theorize youth contributions to the field of transitional justice? From the anti-apartheid movement in South Africa to the range of student movements in South America, historically, youth have participated in protests for social and political change challenging impunity; addressing legacies of brutal regimes, and advancing an acknowledgment of dignity and respect for rights—all of which can be perceived as bottom-up contributions to transitional justice. However, despite their contributions to transitional justice, youth remain marginalized in literature and policy debates or are given only a limited and predetermined space to engage.

In this episode, we zoom in on this topic in the Democratic Republic of Congo (DRC), where there is ongoing momentum for the possibility of developing a national strategy on transitional justice. This impetus draws from the expressed interest of President Felix Tshisekedi in 2020 to deal with the brutal legacies of past and ongoing Congo conflicts. We explore the concept of 'collective participation,' which is understood as group mobilization in claimed spaces, and how it can help us understand youth participation in transitional justice in the DRC.

Prof Tine Destrooper speaks with Christian Cirhigiri, Ph.D. researcher with Justice Visions, and Henry-Pacifique Mayala, a member of LUCHA, a youth movement created in 2012 in Goma which espouses the transitional justice discourse to demand State accountability for everyday political and socio-economic violations affecting the masses.

“ … Another important challenge is the political leader's perceptions of the country's youth, rather than being considered as partners and collaborators at some points back in the years we were even assimilated to terrorist groups. Several of our comrades were sent to prison for years on zero rational basis.” Henry-Pacifique Mayala.

What do we mean when we talk about victim-participation? How do we conceptualize the notion of participation in transitional justice so we can study or even evaluate it? In this episode, Justice Visions colleagues Gretel Mejía Bonifazi and Elke Evrard address these theoretical questions and connect them to the struggle of the COCOP community, an Ixil community in the Guatemalan Highlands seeking truth, justice and redress for a state-led massacre during the armed conflict.

First, we outline why an actor-oriented approach is needed to shed light on the participatory ‘trajectories’ of survivors throughout an ‘ecosystem’ of transitional justice spaces and moments. Then, our interviewees Juan Cobo Brito and Juana Santiago Cedillo share reflections from their own participation trajectory, drawing our attention to the importance of exploring participants’ identities and interests, the different spaces they navigate, the temporalities of participation and alternative ways of thinking about impact or outcomes.

Juan Cobo Brito

“… what we have is strength, we have made the effort, we are worthy, our lives, have worth and we are going to demand it. […] Because we have to preserve our memories, our stories.”

Juan is the current Vice-President of the COCOP Victim Committee. He was severely injured during the COCOP massacre and later forced to become part of the Civil Defense Patrols.

Juana Santiago Cedillo

“… that they see our, our conflict, that they see the problems that we face, why did we lose our families? That they recognize it, that is the only thing, the only thing I demand is justice.”

Juana is a survivor of the COCOP massacre, who after many years of living in Guatemala City, returned to Nebaj to actively seek redress for the crimes committed against her and her family.

To learn more about the community and their struggle, you can read the report “COCOP: Crónicas del genocidio” or listen to the moving song “Los mártires de COCOP” which is part of the Songs of Resistance Compilation. 

In this episode we reflect on the Chilean transitional justice process and questions related to time and timing. Firstly, we zoom in on the concept of temporality, which refers to the lived experience of time. Secondly, we take a closer look at the implementation and sequencing of the Chilean transitional justice process and the consequences of this temporal organization for victims of human rights violations.

Our two guests, Noemí Baeza and Haydee Oberreuter, talk about the return of memories during the social protest movement that erupted in Chile in 2019, the timing of the Chilean truth commissions and the imposition of a law that was established with the second truth commission (The “Valech Commission” in 2003), imposing effectively  50 years of silence. A law that, according to Haydee Oberreuter, victims’ never asked for and severely limited access to truth and justice.

Highlighting the experiences of Haydee and Noemí, both survivors of political detention and torture, the episode demonstrates unfulfilled promises of the Chilean transition and the daily consequences of overlooking the needs of victim/survivors.

Haydee Oberreuter

“And the courts work at the speed of a turtle, that thinks and thinks what it is going to do. It is delaying and thereby facilitating the installation of impunity at a rate that is convenient exclusively to the violators of human rights.”

Noemí Baeza worked as a teacher and social worker and is a survivor of political detention and torture. She returned to Chile in 1984 after 10 years of exile in the Netherlands.

Haydee Oberreuter is one of the leaders of the Comando Unitario de Ex Prisioneros Políticos y Familiares and spokesperson of the NGO Derechos en Común. She is a survivor of political detention and torture.

Voice over: Gretel Mejía Bonifazi

"There was this tsunami of truths"

- Antjie Krog

In 1995, South Africa installed a Truth and Reconciliation commission to address the legacy of Apartheid. The commission has  received a lot of criticism, for its failure to provide reparations, its amnesty policy, and several other reasons. Yet, it has also been an important factor in shaping how we think about past injustice, as well as shaping how we think about truth.

In this episode we talk with Antjie Krog, a South African journalist, writer and poet whose writings often reflect on elements related to truth and redress for victims. Her seminal work of literary non-fiction Country of My Skull addressed the Truth and Reconciliation commission's hearings.

In her nuanced reflections, she acknowledges the failings of this Commission, and truth commissions more generally, but also states that "I can't imagine the country without it. Even those who cut themselves off from what is happening there, it has reached them in a way".

We talk with her about how the work of the truth and reconciliation commission has sometimes been complemented with narrative and literary efforts to engage with the concept of truth and justice, and examine where the two can meet. "I do not think literature can do the work that a truth commission did. Literature can look afterwards, and literature should work before."