Lebanon and Syria signed an agreement to transfer Syrian prisoners convicted in Lebanon to Damascus on Friday, where they will serve the remainder of their sentences.
The agreement marks a new era in diplomatic relations between the countries, which have shared a complex and often fraught history.
Beirut plans to transfer around 350 Syrian prisoners to Syria under the bilateral agreement, according to Lebanese Deputy Prime Minister Tarek Mitri, with the agreement set to begin implementation on Saturday. The agreement was approved by the Lebanese cabinet late last month and applies to prisoners who have already been tried.
Judge Raja Abinader, a member of the joint committee that negotiated Syrian prisoner repatriation, said it did not necessarily mean prisoners were set to immediately be transferred.
"There is paperwork to be done, and a lot of it," he told The National.
"The transfer is operated based on a request that is to be presented by the prisoner himself, examined by the general prosecutor to see if the conditions are met, and then there can be a transfer," he added.
Those serving sentences for serious crimes such as murder or rape must have served 10 or more years of their sentence in Lebanon's prisons. A full prison year in Lebanon is calculated as 9 months. Of Lebanon's over 2,400 Syrian prisoners, only 750 have been convicted, meaning that only 350 prisoners set to be repatriated have served ten or more years.
Syrians awaiting trial − about 70 percent of the Syrian prisoner population − are excluded from this agreement.
"We are trying to find a proper solution or mechanism for Syrians who are under pre-trial detention, we just haven't decided on it yet," Judge Abinader told The National.
Going to trial in Lebanon is a notoriously slow process hindered by strikes, low salaries and other logistical challenges. The vast majority of detainees in Lebanese prisons have yet to go to trial, with some detained for years.
Lebanon's Deputy Prime Minister Tarek Mitri said that the agreement was an "expression of a shared political will" and a "sincere desire for co-operation between two countries that are linked by intertwined relations".
He added that both countries were working to develop "quick and effective solutions" to address Syrian detainees under administrative detention, but that it would require a separate treaty that would need to be ratified by parliament.
Syria's Justice Minister Mazhar Al Wais described the agreement as "an important step on the path of justice". He said the cabinet was working on a timeline "to address the files of detainees not included in the current agreement".
Lebanon holds over 2,000 Syrians in its overcrowded jails and has said it is open to initiatives that would ease the burden, including repatriating some inmates, depending on their crimes.
In October, the neighbouring countries reached an agreement to transfer Syrian prisoners not convicted of murder following a visit to Beirut by a delegation headed by Syria's Foreign Minister Asaad Al Shibani.
Mohammed Taha Al Ahmad, director of the Arab Affairs Department at the Syrian Foreign Ministry, said at the time: “We have reached an agreement to hand over Syrian prisoners, except those whose crimes involved shedding innocent blood”.
Damascus and Beirut are seeking a new era in relations, which have long been turbulent and characterised by Syria's dominance over Lebanese affairs and its 1976 to 2005 occupation of Lebanon.
The fate of Syria’s prisoners in Lebanon is at the heart of efforts to re-establish relations between the two countries after more than 50 years.
Mr Al Wais said there is "a political will between Syria and Lebanon to move forward despite the existence of outstanding matters".
