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Determinants of Transitional Justice After the Fall of the Assad Regime (2 - 4)

Introduction to the Concept of Transitional Justice
Transitional justice is an exceptional form of justice that differs from the commonly understood concept in terms of goals, rules, standards, bodies, and mechanisms, because exceptional circumstances necessitate an exceptional approach; traditional justice rules and mechanisms do not apply. Perhaps the most significant distinction in the governing rules and standards of transitional justice is that they are based on global rules and laws, considering that many crimes committed during exceptional conflict situations may not be covered by local laws, thus requiring international references produced by similar circumstances and events.
The International Center for Transitional Justice defines it as "not a specific form of justice, but rather an adaptation of justice in a manner suitable for societies undergoing a phase of transformation, following a period of widespread human rights violations, aimed at achieving the necessary recognition of the suffering endured by victims from violations."
In reality, transitional justice is shrouded in ambiguity regarding its importance and effectiveness, or its distinction from traditional justice. It is related to transitional phases, such as the transition from the reality of internal armed conflict or civil wars to a state of civil peace and democratic building, or the transition from an authoritarian and repressive rule to the establishment of a democratic society built on pluralism and acceptance of the peaceful transfer of power.
The concept of transitional justice is based on a set of fundamental principles: "the realization and restoration of rights to their owners, uncovering the truth, redressing harm, and compensating victims." It is built upon a collection of principles: "prosecution of perpetrators of crimes, acknowledgment of the special status of victims, respect for the right to truth, adoption of policies of exclusion against those involved in committing crimes, supporting official programs and grassroots initiatives to memorialize victims, endorsing traditional, local, and religious measures to deal with past violations, and participating in institutional reform processes aimed at supporting the rule of law and fundamental rights, and establishing good governance."
The concept of transitional justice can be understood in two semantic dimensions: justice and transition, through several terms that fall under it, including "social reconstruction, national reconciliation, establishment of truth commissions, compensation for victims, and reforming public state institutions that are often associated with suspicions during internal armed conflicts, such as the police, security forces, and the military."
Thus, transitional justice, which is linked to political transformation and transition from authoritarianism to democratic practice, is "a means to overcome the constraints and problems across various political, economic, and social dimensions experienced by the state and society, and an effective mechanism to rid the negative accumulations of severe human rights violations, in a manner that contributes to a gradual transition to democracy based on solid foundations that provide conditions for tolerance, reconciliation, legitimacy, trust in institutions, pluralism, and stability within society." It is "a means to heal divisions, unify society, and prevent the repetition of painful experiences in the future; it also serves as a means to overcome the political stagnation in Syria moving towards democracy."
In fact, the development of the concept cannot be separated from the major transformations witnessed globally regarding the development of the human rights system. Additionally, there has been "an expansion of academic research across various disciplines in the field of international relations, philosophy, sociology, criminal law, history, and medicine, which has allowed for multiple approaches and enriched research and studies in this field with valuable intellectual contributions." Despite this, "the theoretical framework of transitional justice still needs further discussions and greater openness to what has been accumulated from international experiences, to support its foundations and its response to transformations in many countries striving to overcome the constraints of the past and build a modern state." The political dimension is strongly invoked, giving transitional justice a particular significance; "democratic transition can occur through a historical consensus that relies on a series of steps and procedures supported by a specific political will."
The differing and complex nature of the changes in Syria, within the context of the democratic transition process, has led to various classifications depending on the vastly differing local circumstances between countries. In this framework, the following forms of democratic transition have been classified: negotiated transition, which is the form adopted by Spain and most Latin American countries and Morocco; guided transition, which occurred in South Korea, the Philippines, and Japan under the influence of American strategy; and similarly in Turkey and Eastern and Central European countries, where the integration requirements into the European Union served as a strong mechanism guiding democratization. South Africa successfully established democracy through a well-considered smooth transition from dictatorship and apartheid to democracy. Additionally, the change movements in Latin America managed to fulfill the main conditions for transitioning from military authoritarian regimes to democratic systems at a relatively low cost and in a short period.
Dr. Abdullah Turkmani
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BENEFIT AGM approves 10%...
- March 27, 2025
BENEFIT, the Kingdom’s innovator and leading company in Fintech and electronic financial transactions service, held its Annual General Meeting (AGM) at the company’s headquarters in the Seef District.
During the meeting, shareholders approved all items listed on the agenda, including the ratification of the minutes of the previous AGM held on 26 March 2024. The session reviewed and approved the Board’s Annual Report on the company’s activities and financial performance for the fiscal year ended 31 December 2024, and the shareholders expressed their satisfaction with the company’s operational and financial results during the reporting period.
The meeting also reviewed the Independent External Auditor’s Report on the company’s consolidated financial statements for the year ended 31 December 2024. Subsequently, the shareholders approved the audited financial statements for the fiscal year. Based on the Board’s recommendation, the shareholders approved the distribution of a cash dividend equivalent to 10% of the paid-up share capital.
Furthermore, the shareholders endorsed the allocation of a total amount of BD 172,500 as remuneration to the members of the Board for the year ended 31 December 2024, subject to prior clearance by related authorities.
The extension of the current composition of the Board was approved, which includes ten members and one CBB observer, for a further six-month term, expiring in September 2025, pending no objection from the CBB.
The meeting reviewed and approved the Corporate Governance Report for 2024, which affirmed the company’s full compliance with the corporate governance directives issued by the CBB and other applicable regulatory frameworks. The AGM absolved the Board Members of liability for any of their actions during the year ending on 31st December 2024, in accordance with the Commercial Companies Law.
In alignment with regulatory requirements, the session approved the reappointment of Ernst & Young (EY) as the company’s External Auditors for the fiscal year 2025, covering both the parent company and its subsidiaries—Sinnad and Bahrain FinTech Bay. The Board was authorised to determine the external auditors’ professional fees, subject to approval from the CBB, and the meeting concluded with a discussion of any additional issues as per Article (207) of the Commercial Companies Law.
Speaking on the company’s performance, Mr. Mohamed Al Bastaki, Chairman BENEFIT , stated: “In terms of the financial results for 2024, I am pleased to say that the year gone by has also been proved to be a success in delivering tangible results. Growth rate for 2024 was 19 per cent. Revenue for the year was BD 17 M (US$ 45.3 Million) and net profit was 2 Million ($ 5.3 Million).
Mr. Al Bastaki also announced that the Board had formally adopted a new three-year strategic roadmap to commence in 2025. The strategy encompasses a phased international expansion, optimisation of internal operations, enhanced revenue diversification, long-term sustainability initiatives, and the advancement of innovation and digital transformation initiatives across all service lines.
“I extend my sincere appreciation to the CBB for its continued support of BENEFIT and its pivotal role in fostering a stable and progressive regulatory environment for the Kingdom’s banking and financial sector—an environment that has significantly reinforced Bahrain’s standing as a leading financial hub in the region,” said Mr. Al Bastaki. “I would also like to thank our partner banks and valued customers for their trust, and our shareholders for their ongoing encouragement. The achievements of 2024 set a strong precedent, and I am confident they will serve as a foundation for yet another successful and impactful year ahead.”
Chief Executive of BENEFIT; Mr. Abdulwahed AlJanahi commented, “The year 2024 represented another pivotal chapter in BENEFIT ’s evolution. We achieved substantial progress in advancing our digital strategy across multiple sectors, while reinforcing our long-term commitment to the development of Bahrain’s financial services and payments landscape. Throughout the year, we remained firmly aligned with our objective of delivering measurable value to our shareholders, strategic partners, and customers. At the same time, we continued to play an active role in enabling Bahrain’s digital economy by introducing innovative solutions and service enhancements that directly address market needs and future opportunities.”
Mr. AlJanahi affirmed that BENEFIT has successfully developed a robust and well-integrated payment network that connects individuals and businesses across Bahrain, accelerating the adoption of emerging technologies in the banking and financial services sector and reinforcing Bahrain’s position as a growing fintech hub, and added, “Our achievements of the past year reflect a long-term vision to establish a resilient electronic payment infrastructure that supports the Kingdom’s digital economy. Key developments in 2024 included the implementation of central authentication for open banking via BENEFIT Pay”
Mr. AlJanahi concluded by thanking the Board for its strategic direction, the company’s staff for their continued dedication, and the Central Bank of Bahrain, member banks, and shareholders for their valuable partnership and confidence in the company’s long-term vision.
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