Statement to the public opinion

Statement to the public opinion

Aug 10 2020

ARK News… - The co-chair of the General Council in the Autonomous Administration of North and East Syria issued Law No. 7 of 2020 called - Zifa - the law is for the Protection and Management of Absentees' Property, which includes 21 articles, the most dangerous of which is Article 12 of it, which allowed the competent authority to seize the proceeds of the property owned by the absent in the event of his non-return and the absence of a relatively direct, represented by striking across the wall, the exceptional circumstances that our people are going through, which pushed them to risk their lives and the lives of their families in order to reach a safe place and turn away from the negative consequences of such arbitrary, unfair, illogical decisions on the psyche of the absent and his connection to his motherland.

The aforementioned law was flawed with several flaws that it was executed, its implementation prevented, and any legal effects denied it for the following reasons:

- Unconstitutionality due to its issuance by a party not authorized to issue laws or decrees, and the failure to vote on it by a duly elected parliament, and its violation of Article 15 of the Syrian Constitution and all provisions of civil law and real estate laws in force and the Autonomous Administration in all cases, as it claims, is a federal administration of a region within the Syrian geography and is not an administration of an independent region to the extent that it is required - to give legal legitimacy to its decisions - taking into account a set of legal procedures, the most important of which is the center's duly ratification, and the registration of any rights arising from real estate under this law with the real estate interests, all of which are binding legal procedures under penalty of nullity or absence, which is not committed by the law issuing body and will not be able to abide by it because this is impossible due to the exceptional circumstances that our country is going through to the extent that its decision is faulty and made it subject to nullity .

- Assaulting the right of property, which is protected by all divine laws and statutory laws and all legal articles, including Article 41 of the Charter of the Social Contract of the Autonomous Administration itself.

Forcing the absent to return forcibly and imposing house arrest on him indirectly by obliging him to stay for a period of more than one year under the threat of nullifying all his actions in his property, which puts him in front of two options, the most difficult of which is bitter, either to return and lose his new European or regional residence or not to return and lose his property.

Appropriating the property proceeds and spending it on societal development according to the allegations contained in the law, which we almost assert are untrue.

- Whereas, the aforementioned law constitutes blatant attacks on the right to property, which is one of the most important human rights, a violation of the principles of human justice and a flagrant violation of all international laws and human justice requirements.

- Whereas the Legal Committee at the National Democratic Meeting in Syria expresses its regret and deep dissatisfaction and rejection of the aforementioned law for the previously raised reasons and considers it a violation of human rights and a skewed method aimed at seizing the property of the absentees and enriching them at their expense - a service for narrow agendas - by imposing conditions unattainable with all the circumstances our country is going through. Therefore, it is directed to the designated party with the necessity to abolish Law No. 7 and not arrange any legal effects on it and to submit a formal apology under the pain of our taking all possible legal measures with all international humanitarian legal organizations and institutions accompanied by a huge international and regional media campaign to clarify the negative effects and consequences of this law.

The Legal Committee for the National Democratic Meeting in Syria.

8 - 8 - 2020

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