Syrian detainees in Lebanon: Legal hurdles shape possible returns

Report by Raneem Bou Khzam, English adaptation by Karine Keuchkerian

Since Syria requested the repatriation of Syrian detainees held in Lebanese prisons, questions have arisen about Lebanon’s position on the issue and which individuals are affected.

Last week, the Syrian foreign minister visited Lebanon, with this issue a central topic. Next week, the Syrian justice minister is scheduled to visit Beirut, and it remains one of the main files on the agenda.

According to the information at hand, the Syrian request is limited to Syrian prisoners.

Lebanon’s response has been clear: legal frameworks must be respected.

According to available information, if Syrians were previously detained solely for belonging to groups considered illegal or terrorist at the time, but are no longer classified as such, the judiciary can review their cases, with the final decision resting with the courts.

However, if a Syrian detainee is accused of murder, they must remain in Lebanese prisons. For other crimes, such as theft, drug trafficking, or similar offenses, a legal agreement between the two countries could allow the transfer of prisoners to complete their sentences in Syria. 

If a person is not yet sentenced, arrangements could be made to transfer them to Syria to continue investigations and face trial there, while ensuring that the private rights of any plaintiffs are respected — for example, the right to compensation or similar remedies upon issuance of the verdict.

The proposal has been approved by the Syrian side, and while the judicial agreement is being finalized, Lebanon is preparing lists of the relevant categories of detainees.