Syrian prisoner talks falter

Lebanon’s recent judicial delegation visit to Damascus failed to yield progress toward a new bilateral agreement on the transfer of Syrian prisoners held in Lebanon.

The discussions highlighted deep divergences between the two countries regarding key provisions, with Syria rejecting most of the proposed terms as insufficient to meet its demands for repatriating its citizens.

The issue came after Beirut’s appointment of ambassador Henry Kastoun in Damascus, signaling a notable reset in relations between the two as it ends a 4-year diplomatic vacuum since 2021.

Divergent positions on the agreement

The Lebanese delegation attempted to downplay the scale of the disagreements. A source close to the team described the atmosphere as “positive,” while acknowledging that “not all points were agreed upon.” Lebanese officials emphasized their cooperation in managing the Syrian detainee issue, noting Lebanon’s respect for Syria’s desire to complete trials or enforce sentences for citizens within Syrian territory.

However, the Lebanese draft agreement only addresses convicted individuals and excludes those still under trial. Implementing a broader transfer mechanism would require legislation from Lebanon’s parliament, which is currently unavailable.

Key points of contention

Syrian authorities expressed strong opposition to the Lebanese draft, labeling it “flawed” and “unacceptable.” Two clauses, in particular, sparked intense disagreement:

-          The first allows Lebanon to refuse the transfer of any prisoner without providing justification, a provision Syria views as undermining the principle of mutual judicial cooperation.

-          The second contentious clause, modeled on Lebanon’s agreement with Pakistan, prohibits Syria from granting amnesty to transferred prisoners. Syrian sources argue that this interferes with Damascus’ sovereign authority, as the Pakistan agreement does not restrict the receiving country from granting amnesty to its citizens.

Previously, the Syrian delegation had outlined expectations for a clear, practical transfer mechanism during its visit to Beirut. A framework was sought that respects Lebanese sovereignty and law while allowing the Lebanese authorities to prevent the return of any previously convicted Syrian to Lebanon and to prosecute them if they re-enter illegally.

Syrian discontent and political sensitivity

The Syrian side reportedly expressed frustration over Lebanon’s rigid stance. Many prisoners eligible for transfer have spent over a decade in Lebanese detention, some in prolonged pre-trial custody. Damascus also stated it would not request the return of individuals involved in killing Lebanese soldiers or perpetrating attacks that caused civilian casualties.

The failure to reach a consensus has left negotiations in limbo. The Lebanese delegation departed Damascus without scheduling another round of talks, raising concerns that Syria’s rejection of the draft could stall discussions entirely. Observers warn that unresolved prisoner issues could strain bilateral relations, as Syria continues to view the resolution of this file as a prerequisite for normalizing political and security cooperation.

Hence, the latest round of Lebanon-Syria discussions underscores the complexity of negotiating prisoner transfers amid political sensitivities and legal constraints. While Lebanon emphasizes parliamentary and legal limitations, Syria insists on respecting its citizens’ rights and sovereignty. Without compromise from both sides, the stalemate threatens to prolong tensions and hinder broader efforts to strengthen bilateral relations. Resolving the prisoner transfer issue remains a critical step toward restoring trust and stability between the neighboring countries.