Agreement between Hayat Tahrir al-Sham (HTS) and Free Idlib Army on the issue of Col. Ali Al Samahi

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Country/entity
Syria
Region
Middle East and North Africa
Agreement name
Agreement between Hayat Tahrir al-Sham (HTS) and Free Idlib Army on the issue of Col. Ali Al Samahi
Date
6 Apr 2017
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/local conflict ( Syrian Conflicts (1948 - ) (1976 - 2005) (2011 - ) )
Stage
Framework/substantive - partial
Conflict nature
Inter-group
Peace process
Syrian Local Agreements
Parties
Col. Tayseer al-Samahi for the Free Idlib Army [Signed]
Abu al-Saad al-Suri for Hayat Tahrir al-Sham [Signed]
Third parties
-
Description
Agreement to form a sharia court and adjudicate on the killing of Col. Ali al-Samahi at the Khan al-Subul checkpoint. Also agrees to release detainees; handover of seized belongings, vehicles, etc. by both sides. Parties further agree to remove checkpoints and other 'manifestations' of tension and hand over wanted members from their groups.

Agreement document
SY_170405_HTS and FSA agreement on al-Samahi, Idlib _EN.pdf | Download PDF
Agreement document (original language)
SY_170406_HTS and FSA agreement on al-Samahi, Idlib _AR.pdf | Download PDF

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

Nature of state (general)
No specific mention.
State configuration
No specific mention.
Self determination
No specific mention.
Referendum
No specific mention.
State symbols
No specific mention.
Independence/secession
No specific mention.
Accession/unification
No specific mention.
Border delimitation
No specific mention.
Cross-border provision
No specific mention.

Governance

Political institutions (new or reformed)
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
No specific mention.
Bill of rights/similar
No specific mention.
Treaty incorporation
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.

Rights related issues

Citizenship
No specific mention.
Democracy
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Mobility/access
No specific mention.
Protection measures
No specific mention.
Other
No specific mention.

Rights institutions

NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
Page 1, 1. Forming a Shariah court made up of Dr. Madhhar Al Wais, Sheikh Ahmad Alwan Ali, and the two parties shall agree on an independent reference in the case of a dispute within a period of at most a week from this date
Prisons and detention
No specific mention.
Traditional Laws
Page 1, 1. Forming a Shariah court made up of Dr. Madhhar Al Wais, Sheikh Ahmad Alwan Ali, and the two parties shall agree on an independent reference in the case of a dispute within a period of at most a week from this date

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
Page 1, 4. Removing checkpoints and stopping all of the manifestations of tensions by both sides.

Page 1, 5. Both sides shall commit to handing over all wanted members from their groups for investigation
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 1, 4. Removing checkpoints and stopping all of the manifestations of tensions by both sides

Page 1, 5. Both sides shall commit to handing over all wanted members from their groups for investigation
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
Page 1, 2. Releasing the detainees being held by both sides
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
Transitional justice→Reparations→Material reparations
Page 1, 3. Handing over all of the person property, weapons, and vehicles taken by both sides to their owners
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 1, 1. Forming a Shariah court made up of Dr. Madhhar Al Wais, Sheikh Ahmad Alwan Ali, and the two parties shall agree on an independent reference in the case of a dispute within a period of at most a week from this date.

Page 1, 6. Both parties shall implement and accept the final ruling of the court
Related cases
No specific mention.
Source
Souria.net, ‘Agreement between the Free Idlib Army and Tahrir al-Sham after the killing of al-Samahi … these are the points’, 6 April 2017, https://web.archive.org/save/https://www.alsouria.net/content/بعد-مقتل-السماحي-اتفاق-بين-جيش-إدلب-الحر-وهيئة-تحرير-الشام-هذه-بنوده

In the Name of Allah, Most Gracious, Most Merciful

We, the undersigned, are, from the first party, Col.

Tayseer Al Samahi, on behalf of the Free Idlib Army, and, from the second party, Abu Al Saad Al Suri on behalf of Hayat Tahrir Al Sham, have agreed to the following regarding the killing of Col.

Ali Al Samahi at the Khan Al Subul checkpoint:

1. Forming a Shariah court made up of Dr. Madhhar Al Wais, Sheikh Ahmad Alwan Ali, and the two parties shall agree on an independent reference in the case of a dispute within a period of at most a week from this date

2. Releasing the detainees being held by both sides

3. Handing over all of the person property, weapons, and vehicles taken by both sides to their owners

4. Removing checkpoints and stopping all of the manifestations of tensions by both sides

5. Both sides shall commit to handing over all wanted members from their groups for investigation

6. Both parties shall implement and accept the final ruling of the court

5/4/2017

Col. Tayseer Al Samahi

The Free Idlib Army

[Signed]

Abu Al Saad Al Suri

Hayat Tahrir Al Sham

[Signed]