Syrian prisoners become bargaining chip in Lebanon-Syria talks

Report by Lara El Hachem, English adaptation by Karine Keuchkerian

Syria is making the issue of Syrian prisoners in Lebanon a key condition for discussions on all outstanding matters between the two countries, including border demarcation. For Lebanon, the file carries an added interest: easing overcrowding in its prisons, as Syrians currently make up 31% of the total inmate population.

After months of negotiations, the Lebanese government approved an agreement to transfer convicted Syrian prisoners. The focus now is on the agreement’s key provisions and who will be covered.

Lebanese prisons currently hold about 2,700 Syrian inmates. Of these, roughly 350 have final, irrevocable sentences and fall within the scope of the agreement, regardless of the crimes committed, with a specific exception for convictions of rape or murder if less than 10 years of the sentence have been served.

Under the agreement, prisoners convicted of murder or rape are not eligible for transfer unless they have completed at least 10 years of their sentence. In practice, this equals seven and a half years served, as a prison year is calculated as nine months. 

As a result, not all 350 inmates will necessarily be transferred. In addition to the stated exclusions, prisoners must consent to the transfer and must have paid compensation to victims, either personally or through a formal commitment by the Syrian state.

This constitutes the first phase of the agreement, under which transferred inmates would complete their sentences in Syria. A second phase is expected to include another category of prisoners: those convicted of certain crimes while simultaneously being detained without verdicts in other cases. 

Their number is estimated at around 370, and their status will be determined once their judicial files are completed.

Between these two categories, information points to about 80 inmates of particular interest to Syria, some of whom are expected to be released in the first phase.

As for detainees who have not been convicted, the issue is more complex. Their transfer would require a separate treaty to shift jurisdiction over their trials to Syria. This would require approval by Lebanon’s Parliament, which would need to amend the Code of Criminal Procedure.

Beyond its legal complexities, the issue could open another sensitive file: that of Lebanese detainees, along with the broader question of a general amnesty. 

Lebanon would then face a difficult balancing act between domestic demands and its external interests, not only with Syria but also with Arab and Western countries supporting Damascus on the issue, amid shifting regional power dynamics and political changes across the region.