On May 8 to May 9, 2023, I had the privilege of being involved in a Training of Trainers and Advocacy Training Program organized by International Bridges to Justice (IBJ) in Gaziantep, Turkey, for Syrian criminal defense lawyers living and working in northwest Syria, notably, in and around Aleppo.
I was in Gaziantep last year, also with the IBJ, training Turkish lawyers involved in representing Syrian refugees. My role then, as with this latest training, was to focus on trial advocacy skills, though this time with the added element of training the Syrian lawyers to be the trainers. On three prior occasions over the past two to three years, I had the privilege of conducting remote trainings on trial advocacy skills with these same lawyers. Having previously gone over the basics of trial advocacy skills – from case analysis and preparation of the case, to developing the theory of the case, to cross and direct examination skills, to strategic thinking, to ethics, to investigations, to expert witnesses, and so on – what made this training particularly special was that finally, I would meet these lawyers up close and in person. Revisiting the material of the previous trainings and building on that foundation in improving their skills was a rewarding experience. But what made this training exceptionally special to me was hearing their experiences – the experiences and aspirations of these lawyers calling themselves the knights of justice, who courageously struggle day in and day out under extraordinary and life-risking challenges to represent their clients, normally those most unfortunate and least wanted, those charged (often unfairly) with crimes.
As criminal defense lawyers, especially for those of us who were or are public defenders, we can somewhat relate. Somewhat, because these lawyers are effectively working in or around or are otherwise affected by ongoing war activities. Their work gives greater meaning to what I used to say when I was a federal and state public defender: if Jesus Christ (be he the son of God, a prophet, or just a compassionate, caring, and moral human being) was a lawyer, he would have been a defense lawyer, and certainly a public defender. These knights of justice are the embodiment of the best traditions of the legal profession, hence the importance of giving notice to and paying praise for their work. But first, a few words about IBJ.
IBJ, founded in 2000 by Karen Tse, promotes early access to justice to ordinary indigent accused in 12 countries around the globe where IBJ has set up legal aid offices and/or conducts trainings. It also provides practice manuals and online resources relevant to defenders practicing in both common law and civil law legal traditions in some 130 countries. Its philosophy is based on the simple yet unappreciated concept that most injustices, and a fair amount of torture (e.g., psychological intimidation and physical abuse in order to extract a coerced confession that may or may not be true), occur when a suspect is arrested and before s/he has had access to legal representation.
Legal representation at such an early stage, when the suspect is most vulnerable, is generally lacking because there is no public defender or legal aid system, or no right to free legal services save for very serious crimes where a mandatory defense is stipulated by law. In fact, even after a suspect becomes an accused, in many instances, free legal representation for the indigent is unavailable. Here is where IBJ tries to make a difference. And it has.
Most young lawyers I come across at the international(ized) criminal tribunals and courts aspire to work on international cases without having any experience in or desire to work in national courts, where aside from developing sound lawyering skills necessary for the big international cases, one can more importantly assist ordinary suspects and accused in assuring their fair trial rights as set out in the Universal Declaration on Human Rights, and more specifically, in Article 14 of the International Covenant on Civil and Political Rights. Somehow, human rights are not associated with what many of them would consider “mundane” cases. Yet, truth be told, it is in the trenches of the national courts, especially where the rule of law is lagging if not outright lacking, that the fight for human rights and human dignity and equal treatment under the law and respect for both substantive and procedural justice at every stage of a criminal case (from questioning to arrest to trial to appeal) – is waged daily by, for the most part, by unsung heroes who toil away at great personal cost and occasional danger. Don’t get me wrong. Those charged of international crimes whether at the local courts or at the international courts deserve the very best legal representation. Critically, however, my view is that far too often what is overlooked by many of the young lawyers enamoured by the allure of being on an international criminal case is that access to justice and respect for human rights at the most basic level are fundamentally important, fundamentally relevant, and fundamentally deserving of their consideration – especially if they aspire to develop good adversarial skills, strategic thinking, and overall essential trial and appellate experience.
Back to the Syrian lawyers; their story is as heart-warming as it is inspiring.
In the war-torn region of northwest Syria, there is a group of courageous lawyers striving to uphold justice amidst the political instability and conflict we are all too familiar with. Like most everyone else in this region, these lawyers have been displaced from their homes and have experienced firsthand the horrors of the Assad regime. Even those who have not been tortured or imprisoned or shot at, to one degree or another, have felt threatened and abused. Each has a story, a shared story, a story that gives new meaning to what it is to be a defender of human rights. Having escaped these atrocities, they have embarked on the daunting task of advocating for the rule of law in a space divided into two regions: one controlled by the Syrian Interim Government, and the other by the Salvation Government.
These dedicated lawyers reside and work in various cities in northwest Syria, where the conditions are difficult, where even minor lapses in judgment can be unforgiving. And yet despite it all – including limited resources and infrastructure – they persevere. Their commitment is justice driven. Cynically quixotic as it may seem, they see their efforts as paving the transitional justice road to when the Assad regime is gone and when the possibility for a liberal, democratic Syria where the rule of law is respected and adhered to is established – a possibility that is not unrealistic (see Beth Van Schaack’s Imagining Justice for Syria, reviewed here.)
The majority of these lawyers have been disbarred by the Assad regime for daring to oppose and criticize the regime’s brutal crackdown. They wear the disbarment as a badge of courage and honor – a testament to their unwavering determination. Undeterred by their disbarment, they have built “free bar associations” from the ground up, bridging the gap in areas outside the regime’s control.
One of the prominent institutions to have emerged from these efforts is the Free Aleppo Bar Association (FABA). It serves as an umbrella organization for over 800 lawyers in northwest Syria. FABA has become the principal institution to train law graduates, enabling them to practice law in a region where such opportunities would otherwise be impossible. Every three years, FABA holds elections to choose its president and board members, ensuring a democratic and representative leadership.
At the forefront of FABA’s endeavors is Hasan Al-Mousa, a seasoned lawyer and an influential figure in the organization. With a deep-rooted commitment to maintaining FABA’s independence, Hasan staunchly opposes any interference in lawyers’ affairs, be it from external forces such as Turkey or the de-facto armed factions controlling the northwest. Hasan Al-Mousa’s extensive professional experiences which include serving in key positions with the Aleppo Bar Association, have equipped him with the necessary skills to navigate the complex landscape and protect FABA’s autonomy, but, expectedly, if FABA and its members are to have a fighting chance in succeeding, outside help is needed, starting with professional training at a minimum, but also on how to cope psychologically – not just professionally – with the daily grind of representing clients in these most challenging and precarious conditions. Thankfully, IBJ stepped into the breach in 2018.
Modest as IBJ’s efforts may seem (and appearances can be deceiving), over the years it has provided not just professional assistance, but also moral and psychological assistance, with part of its training and outreach aimed at collectively empowering these lawyers to network and lean on each other for strength, encouragement, and problem-solving, a training that is so vital but often overlooked, primarily because far too little attention is paid to the mental health, (in)security, and trauma defenders in these sorts of circumstances (prevalent where the rule of law is absent or tentative) find themselves, yet dare to defy the powers that be.
IBJ and FABA are not only focused on training lawyers but are also actively working towards comprehensive justice system reforms. IBJ is fortunate to have Hussein Bakri as its Senior Legal Director for the Syria Program. As a former judge for the Syrian Council of State for 17 years, a judge at the Supreme Administrative Court for 5 years, and a senior legal adviser to the Syrian government for 10 years, Acting Minister of Finance, Minister of Local Administration and Secretary General for the Syrian Interim Government, Mr. Bakri is no starry-eyed idealist. With vast professional experiences, a pragmatic vision, and a healthy dose of optimism, this indefatigable champion for legal, social, and political reform for Syria reminds us that before the conflict started in 2011, neither the judicial institutions nor the lawyers in Syria were familiar with international norms and standards. Rather than wait for the day when situation changes in Syria, he and the FABA lawyers believe that the time to start promoting these norms and standards through practice is now – with FABA as the vanguard leading this human rights revolution.
What FABA is involved in is something new and historical, and, might I add, something that the international community may not fully appreciate, perhaps being under the misperception that there was some sort of functioning rule of law institutions in Syria prior to 2011. FABA is putting a foundation even in a small way to an ideal justice system based on international norms and standards and the rule of law in Syria. It is a dream they are genuinely trying to make a reality. By identifying gaps in existing legislation, they aim to address critical issues. For instance, one notable gap is the absence of the right to silence for the accused in Syrian law. In 2018, during IBJ’s first roundtable event, this deficiency was highlighted. Since then, efforts have been initiated to rectify these deficiencies. Reconciling local legal practices with international standards to ensure that justice is served equitably is incrementally bur persistently underway. The road ahead may be long, and the journey may be challenging, but the will and commitment by the knights of justice for meaningful and sustainable change is unquestionable.
Training these Syrian lawyers in Gaziantep was not just about training them to be trainers. It was also about promoting justice and upholding the rule of law in northwest Syria – and hopefully beyond. Their quest for freedom and democratic governance is as unwavering as it is humbling. Empowering them to empower others through trainings such as the one organized by IBJ is essential and rewarding. Sadly, with the attention of the international community being – almost exclusively – on the Russo-Ukrainian war, the plight of the Syrians, the daily atrocities of the Assad regime, and the lack of justice and absence of the rule of law in Syria seemingly goes unnoticed. Syria, of course is not alone; there are other places deserving attention. And in many of those places you are likely to find IBJ initiatives.
A few trainings here and there, such as the one in Gaziantep are unlikely to cause any major shifts, certainly not regime changes. But at the micro-level, certainly at the human-level, they can make a very big difference. After all, that is where change begins.
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