First domestic trial of Assad-era officials opens in Damascus as critics warn of selective transitional justice

Damascus opens the trial of Atef Najib and Bashar al-Assad (in absentia) for 2011 abuses, amid concerns over selective justice and post-Assad accountability.

By: AXL Media

Published: Apr 28, 2026, 1:48 PM EDT

Source: Information for this report was sourced from FDD

The Prosecution of the Architect of the 2011 Uprising

The opening of the trial of Atef Najib at the Palace of Justice in Damascus on April 26 marks a watershed moment in Syrian domestic law. Najib, a cousin of former President Bashar al-Assad and the former head of Political Security in Daraa, is infamous for the arrest and torture of children whose anti-regime graffiti served as the catalyst for the March 2011 protests. Unlike previous conflict-related trials held in European courts under universal jurisdiction, this proceeding represents a rare instance of a national authority prosecuting high-level crimes committed on its own soil. Legal analysts view the trial as a test of the Sharaa administration’s commitment to dismantling the legacy of the previous regime.

Assad Brothers Face Trial in Absentia

The judicial proceedings extend beyond Najib to include the former president himself. Bashar al-Assad and his brother Maher, the former commander of the elite 4th Armored Division, are being tried in absentia alongside three other senior officials. While the symbolic weight of the trial is unprecedented, skeptics argue that without the physical custody of the Assad brothers, the process remains largely performative. The charges focus on widespread human rights abuses and war crimes, but the government has yet to provide a clear roadmap for how it intends to enforce any potential sentences against the former leadership currently in exile or hiding.

Selective Accountability and the "Security Necessity"

The pursuit of transitional justice appears increasingly selective, as evidenced by the treatment of pro-Assad paramilitary leaders. While Amjad Youssef, implicated in the 2013 Tadamon massacre, remains in custody, other high-profile figures have been spared. Fadi Saqer, a commander allegedly involved in the same atrocities, was arrested but subsequently released. Government officials have defended such moves as a "security necessity," employing Saqer to aid the Higher Committee for Maintaining Civil Peace in preventing sectarian reprisals. This pragmatic approach has raised fears that the Sharaa government is prioritizing civil peace over absolute justice for victims of the civil war.