1. Background of the Case

• On June 8, 2023, Canada and the Netherlands jointly lodged an application with the International Court of Justice (ICJ) to commence proceedings against the Syrian Arab Republic. The application pertains to Syria’s international responsibility for its “gross and systematic failure” to fulfil its obligations to prohibit torture and other forms of cruel, inhuman, or degrading treatment or punishment (ill-treatment) under the Convention against Torture (CAT).

• The Netherlands and Canada also requested the Court to indicate provisional measures. These include, among others, an immediate cessation of torture, ill-treatment, and arbitrary detention, granting access to detention facilities, enhancing detention conditions, prohibiting the destruction of evidence, and disclosing the locations of burial sites. Furthermore, they have requested that Syria submit regular reports to the Court on all measures taken to implement the provisional measures, starting no later than six months from their issuance and every six months after that, pending the resolution of the dispute.

• On November 16, the ICJ delivered its order indicating two provisional measures. The first one indicates that Syria shall take all measures within its power to prevent acts of torture and ill-treatment and ensure that its officials, as well as any organisations or persons which may be subject to its control, direction or influence, do not commit any acts such acts. The second one stipulates that Syria shall take all measures to prevent the destruction and ensure the preservation of evidence. In reaching its order, the ICJ considered various reports by the United Nations Commission of Inquiry on Syria (COI), which concluded that there were “reasonable grounds to believe that the Syrian Government continued to commit acts of torture and ill-treatment”.

• While victims’ groups have explicitly welcomed the order, viewing it as “a definitive indication of the atrocious acts of torture perpetrated by the Syrian government,” they have voiced concerns about its apparent limitations in addressing the gravity of enforced disappearance as a form of torture.^[1] This is mainly because the order lacks specificity in outlining specific measures for the Syrian Government to implement in preventing torture and preserving evidence.

2. Persistent Torture Despite ICJ Case and Provisional Measures’ Order

• Torture in Syria has persisted after the filing of the ICJ case. From June 8, 2023, the date when the Netherlands and Canada filed the case and requested provisional measures, until the public hearing on October 10, 2023, at least 15 deaths due to torture by the Syrian authorities were documented.^[2]

• After the ICJ issued its order on provisional measures on November 16, 2023, torture in Syria persisted. In February 2024, the OHCHR published a report detailing the human rights violations faced by Syrians upon their return to Syria after fleeing the country. The report concludes that many Syrian returnees are subjected to grave human rights violations, including arbitrary detention, torture, restrictions on freedom of movement, inadequate housing, and violations of property rights. The OHCHR obtained several testimonies from returnees to areas under the control of pro-government forces who reported being subjected to torture and ill-treatment while in detention and being detained until visible wounds and traces of physical harm disappeared before being brought before a judge or released.^[3] For instance, this report documented a case concerning a returnee detained in a pro-government facility in Damascus. It revealed that the individual had suffered severe beatings during detention. Only after receiving an intensive course of cortisone and other medications to treat bruises and other evidence of torture for several weeks, he was permitted to appear before a judge (in this instance, a military judge).^[4]

• The latest report issued by the COI on February 9, 2024, covering the period from July 1 to December 31, 2023, affirms the government’s ongoing practice of arbitrary detention, enforced disappearance, torture, and ill-treatment, as well as deaths in government custody, including those in the infamous Sednaya Military Prison, confirming ongoing patterns of crimes against humanity.^[5] For example, the COI documented the case of a man who had returned to the Syrian Arab Republic as part of a government-endorsed “reconciliation” initiative. According to the report, the man was last seen alive but “cadaverous” in Saydnaya military prison by his family in late 2023. Subsequently, an intermediary informed the family of his death; however, they were unable to obtain any official confirmation regarding the man’s death or current location.^[6] Similarly, on February 22, 2024, the Syrian Network for Human Rights released a statement documenting the killing of at least 16 individuals due to torture since the ICJ’s order.^[7] This highlights the persistent and systematic use of torture in Syria despite the ICJ case and the issuance of the court’s order on provisional measures.

• Moreover, enforced disappearance persists as both a standalone crime and a form of torture inflicted upon both the disappeared individuals and their families. Throughout the Syrian conflict, thousands have been forcibly disappeared, mainly by the government. As of April 18, 2024, the Syrian Network for Human Rights (SNHR) has documented 112,000 cases of Syrians forcibly disappeared, whose fate and whereabouts are still unknown, leaving their family members in a state of limbo and uncertainty amounting to torture which has continued after the order has been issued.^[8] Since the order, there has been a lack of active efforts by the government to investigate and clarify the fate and whereabouts of the missing, further confirmed by the Syrian government’s refusal to engage with the UN’s newly established Independent Institution for the Missing People in Syria. Moreover, it has also actively shown a pattern of deliberately exacerbating the suffering of families by concealing information from them, including by issuing death certificates to detainees, providing false information to their families about the cause of death, destroying evidence and manipulating mass grave sites, leaving families unable to retrieve bodies for funeral rituals. The latest report from the COI, published in February 2024, confirms the persistence of this practice.^[9]

• A recent example of the Syrian government’s destruction of evidence linked to torture, enforced disappearances, and extrajudicial killings is the destruction of a mass grave site in Qatifa, located on the outskirts of Damascus. In January 2024, the Association of Detainees and Missing in Saidnaya Prison reported that in January 2023, the Syrian Government conducted operations to dredge and level the mass grave site in Qatifa, believed to hold the remains of numerous political detainees who were either executed or died under torture in detention centres.^[10] By manipulating and failing to preserve the mass grave, the Syrian government has negatively impacted the prospects of effectively exhuming and identifying the buried bodies, ultimately causing irreparable harm to the right to the truth of families and exacerbating their suffering. This instance, though it occurred before the ICJ order on provisional measures, serves as one of many incidents illustrating the Syrian government’s active destruction of evidence and concealment of information through the destruction of mass graves. This continues to obstruct the right to truth for families of victims, as the government has not taken any action to preserve mass grave sites after the provisional measures were issued.

• Consequently, families are not only subject to torture as a result of enforced disappearance but also due to the State’s failure to fulfil their right to know the truth. The refusal to provide and concealment of information exacerbates the trauma endured by the families, leading to significant suffering that itself amounts to torture.

3. Legislative Reforms Related to Torture in Syria

• Before the issuance of the order, the government introduced two specific pieces of legislation: the New Anti-Torture Law and legislation related to the abolition of Field Military Courts. While an analytical assessment of legislative reform concerning torture may seem beyond the scope of this paper, we believe these laws are closely related to the ICJ case and to the question of whether the Syrian government’s existing legislation enables the government to effectively implement the provisional measures in accordance with standards enshrined by the Convention. The Syrian Government explicitly presented these legislations in its submission to the Human Rights Committee during the Fourth Periodic Review in January 2024 as part of its integral legal framework for human rights protection in Syria.^[11]

• The Anti-Torture Law of March 29, 2022, was enacted despite the Syrian government’s consistent claims that existing domestic legislation adequately criminalises torture. This law was issued while formal negotiations between the Netherlands and Canada, on the one hand, and Syria, on the other, pursuant to Article 30(1) of the CAT, were ongoing. The Syrian government has promoted this law as a tool for protecting human rights in Syria. At first glance, this law appears to be in line with the CAT as it provides a comprehensive definition of torture, mirrors the CAT definition and aggravated penalties for perpetrators. However, despite its enactment, torture victims seeking justice and reparation still encounter significant obstacles due to the immunity granted to state officials under Syrian law. This renders the law practically unenforceable, presenting the most significant barrier to preventing torture, including enforced disappearance as a form of torture against the families of the disappeared.^[12]

• Moreover, the law is inadequate in addressing the widespread and systematic use of torture in Syria. Given that Syria has not ratified the Rome Statute of the International Criminal Court and its Penal Code does not recognise torture as a crime against humanity or war crime, this adds further challenge to preventing torture in Syria and implementing the first provisional measure. In this regard, it is important to mention that the Human Rights Committee has sought information from the Syrian Government regarding measures taken concerning the Anti-Torture Law No. 16 and its application to prevent torture and ensure investigations, prosecutions, and reparations for victims. However, the Syrian government did not offer a clear response; instead, it merely listed articles of this law without addressing concrete actions taken to tackle the systematic use of torture and ill-treatment in Syria.^[13]

• Consequently, this law alone is insufficient to prevent torture in Syria. If the Syrian government genuinely intends to prevent torture, this legislative measure must be accompanied by concrete actions. These include allowing humanitarian organisations access to detention centres, releasing all arbitrarily detained individuals, providing information on the fate of disappeared persons to alleviate the suffering of their families, repealing all immunity provisions that prevent the prosecution of state officials responsible for torture, and implementing comprehensive institutional and security reforms. However, the government has failed to take any such actions. Therefore, there are legitimate concerns that this law may be utilised as part of the government’s propaganda, portraying it as having undertaken legislative reform aimed at preventing torture in Syria.

• Furthermore, on September 3, 2023, the Syrian government issued Decree 32, repealing Decree No. 109 of 1968 and its subsequent amendments related to establishing Military Field Courts in Syria. While abolishing these courts may seem positive due to their history of suppressing human rights defenders and political dissidents, concerns arise regarding potential impunity and loss of crucial evidence. Trials held in these courts were marked by arbitrariness, secrecy, disregard for the right to a fair trial, and dependence on confessions obtained through torture. Individuals tried before these courts were often subjected to forced disappearances and ultimately sentenced to death. Of particular relevance to the ICJ case is that Decree 32 provides for transferring ongoing cases to the military judiciary for prosecution, leaving past cases, court records and archives unaddressed. The lack of clarity regarding the fate of records and archives could lead to the destruction of evidence concerning the involvement of these courts in grave human rights violations, including extrajudicial executions, torture and enforced disappearance. This might hinder the implementation of the second provisional measure, intended to prevent the destruction of evidence and subsequently impact the families’ right to know the truth.

• In sum, this paper does not expect the Special Rapporteur to address these two pieces of legislation from an analytical point of view or evaluate their compliance with Syria’s international obligations under the CAT. Addressing their deficiencies could potentially be undertaken in a separate communication by the Special Rapporteur. However, we firmly believe that these laws are significantly relevant to the implementation of both provisional measures ordered by the court and, therefore, cannot be disregarded when discussing the implementation of these measures.

4. Need for Unified Efforts to Monitor the Implementation of Provisional Measures

• The ICJ’s provisional measures order underscores the critical importance of international law in preventing torture and protecting victims of such grave crimes, sending a clear message that the international community will not tolerate the Syrian Government’s ongoing systematic use of torture and ill-treatment. However, despite six months having elapsed since the provisional measures were issued, the Syrian Government continues to extensively employ torture, with thousands of lives at stake in Government detention centres. Additionally, by abolishing the Field Military Courts without clarifying the fate of prior cases and the records and archives of the courts, it has likely eradicated evidence associated with torture and enforced disappearances. Consequently, the government not only fails to act to prevent torture and preserve evidence but also persists in its utilisation of torture and the destruction of evidence.

• In this regard, the Special Rapporteur on Torture plays a significant role in providing guidelines and recommendations to the Syrian government. Given the Special Rapporteur’s official capacity as a UN expert on the issue of torture, their expertise and guidance can significantly assist in facilitating and monitoring the Syrian government’s compliance with the ICJ’s orders and international legal obligations under the CAT. This is particularly crucial due to the lack of specificity and clarity in the ICJ order regarding concrete examples of the measures that the Syrian government shall undertake to prevent torture and preserve evidence. These recommendations may include, but are not limited to, the following:

1. The Syrian Government must provide comprehensive and detailed information outlining the specific measures undertaken since the provisional measures were issued to prevent torture committed by its officials and preserve the evidence.
2. The Syrian Government must provide a comprehensive plan outlining how it will effectively implement the Anti-Torture Law No. 16 of 2022 to prevent torture. This plan should specifically address the long-standing and systematic use of torture, which amounts to crimes against humanity and war crimes, and the ongoing immunity against state officials likely responsible for torture. It should include measures to ensure accountability for past violations, prevent future abuses, and provide redress to victims.
3. The Syrian Government must publicly disclose the records and archives of the abolished Military Field Courts. They form a crucial part of the evidence concerning torture and enforced disappearance and are indispensable for ensuring accountability, providing redress for victims, and delivering truth to affected families.
4. The Syrian Government must prevent and investigate enforced disappearance and clarify the fate and whereabouts of the disappeared and the outcomes of related investigations. This should involve locating and preserving mass graves, disclosing information on detainees’ causes of death, conducting forensic examinations of human remains and burial sites, providing information on the return of remains to families if deceased and ensuring the transparency of these findings. In this regard, the Syrian Government must collaborate with the UN Independent Institution on Missing Persons in Syria and facilitate its work to determine the fate and whereabouts of all missing persons in the country; this is essential to prevent further torture endured by the families of the disappeared.
5. The Syrian government must improve detention conditions, release all arbitrarily detained persons, close secret detention centres and facilities affiliated with the intelligence services, and restrict detention to regular centres subject to judicial oversight. Additionally, the government must ensure immediate access to independent monitoring in all places of detention, especially in facilities like Saydnaya prison and those under the control of intelligence services.
6. The Syrian Government must provide statistics on individuals deprived of liberty disaggregated by age, sex, and nationality. This data should include the number of individuals in pretrial detention, instances of death in detention facilities, the causes of death, and the outcomes of any investigations into these deaths.
7. The Syrian Government must provide disaggregated data on the measures taken to facilitate complaints by victims’ families, conduct investigations, pursue prosecutions, and impose penalties. Furthermore, it should outline its efforts to prosecute perpetrators of such violations and ensure effective remedies for victims’ families.

Submitting Organisations

1. Syrian Legal Development Programme (SLDP)
2. Syrian British Consortium
3. Dawlaty
4. Syrian Center for Media and Freedom of Expression
5. Syrian Network For Human Rights (SNHR)
6. The Day After (TDA)
7. Justice for Life (JFL)
8. Families of Truth and Justice
9. Amal Healing and Advocacy Center
10. Baytna pour le soutien de la société civile
11. Truth and Justice Charter
12. Caesars Families Association (CFA)
13. Release Me
14. Families for Freedom
15. Ta’afi
16. Synergy Association for Victims
17. Coalition of Families of Persons Kidnapped by ISIS (Massar)
18. General Union of Detainees
19. Syrians for Truth and Justice (STJ)
20. Syrian Forum USA (SFUSA)
21. Women Now for Development (WND)
22. Free Syrian Lawyers Association (FSLA)
23. Lawyers and Doctors for Human Rights (LDHR)
24. Syrian Expatriates Medical Association (SEMA)
25. Human Rights Guardians
26. Women’s Organization for Transitional Justice
27. Access Center for Human Rights (ACHR)
28. Adalaty
29. Musawa
30. Dar Alsharq Organisation
31. Their Voices Team – فريق أصواتهم

________________________________________________________________________________________________________________________ 

[1] Truth and Justice Charter Group, “Statement On ICJ’s order to Prevent Torture in Syria”, available at: https://hevdesti.org/en/statement-on-icj-order-to-prevent-torture-in-syria/ 

[2] The Netherlands and Canada intervention (Verbatim Record) during the public sitting held on Tuesday, 10 October 2023, in the Case of the Netherlands & Canada v Syria, p. 28, Para. 14. 

[3] OHCHR, “We did not fear death but the life there”, (February 2024). 

[4] Ibid., para. 88. 

[5] COI report  A/HRC/55/64, (February 2024), Para. 56-66. 

[6] Ibid., para. 61. 

[7]The Syrian Network for Human Rights, Press Release, 22 February 2024, available at: https://snhr.org/blog/2024/02/22/three-months-after-the-icjs-ruling-the-syrian-regime-has-blatantly-breached-it-killing-more-syrian-citizens-under-torture/ (Accessed on 30 April 2024) 

[8] The Syrian Network for Human Rights (April 18, 2024), (Accessed on 18 April 2024). 

[9] COI report  A/HRC/55/64, (February 2024), Para. 56-66. 

[10] Association of Detainees and Missing in Saidnaya Prison, “Recent Satellite Images Expose Land Alterations at Qatifa’s Mass Grave in Syria”, January 2024 (accessed 05 May 2024), available at: https://www.admsp.org/en/demolition-of-evidence/ 

[11] Responses of the Syrian Arab Republic to the list of issues relating to its fourth periodic report, CCPR/C/SYR/RQ/4, para. 4. 

[12] For an in-depth analysis of this law, see SLDP & Diakonia report “No Justice for Torture in Syria: A Victim Rights-Based Analysis of the 2022 Anti-Torture Law”  (November 2023), available at: https://sldp.ngo/en/blog/1551. 

[13]Human Rights Committee, CCPR/C/SYR/Q/4, para. 13; CCPR/C/SYR/RQ/4, para. 40-42. 

The Hague – Syrian Network for Human Rights:

Abdullah Hussein al-Akhras, a defector from the Syrian regime army, originally from Ghabagheb town in northern rural Daraa governorate, was arrested in September 2023 by regime forces at a checkpoint in Aleppo while trying to return to his hometown in Daraa governorate.

According to intelligence received by the Syrian Network for Human Rights (SNHR) from people close to the victim, Abdullah, who was born in 1991, had been living as a refugee in Türkiye until he was forcibly deported to northwestern Syria in mid-2023. Soon afterwards, as he tried to make his way back to his hometown, regime forces arrested him at the aforementioned checkpoint in Aleppo. His family later learned that he was being held in the regime’s infamous Sednaya Military Prison in Rural Damascus governorate. He has been classified as forcibly disappeared ever since.

On August 5, 2024, Abdullah’s family received notification from a regime military official that he had died. His body was returned to his family at the Harasta Military Hospital in Harasta city in eastern Rural Damascus governorate on the same day. SNHR can confirm that Abdullah was in good health at the time of his arrest, indicating a strong probability that he had died due to torture and medical negligence in Sednaya Military Prison.

International law strictly prohibits torture and other forms of cruel, degrading, or inhumane punishment. The prohibition of torture is a customary rule that cannot be disputed or balanced against other rights or values, even in times of emergency. Violating this rule is a crime according to international criminal law. Those who issued the orders for or assisted in carrying out torture are criminally liable for their actions.

SNHR must stress that the forcible deportation and refoulment of Syrian refugees constitute a violation of customary international law. The governments carrying out such acts are legally responsible for any violations that those refugees may be subjected to at the hands of the Syrian regime; including but not limited to torture, killing, and enforced disappearance; this is, of course, in addition to the regime’s direct responsibility for these violations.

SNHR condemns all arrest and torture practices perpetrated by Syrian regime forces, more especially those inflicted on returning Internally displaced persons (IDPs) and refugees. We call for the immediate launch of independent investigations into all incidents of arrest and torture that have taken place, particularly this latest barbaric incident. We also call for all of those involved in such crimes to be held accountable, from the officials issuing the orders to the individuals who carried them out. The findings of these investigations and accountability processes must be made public to the Syrian people. All of those involved in arrest and torture practices over the years must be exposed and dismissed, while the survivors and victims’ families must be compensated for the grave physical, psychological and emotional trauma inflicted on them.

Ahmad Nemer al-Halli, from the Barza neighborhood of Damascus city, was arrested in early-June 2024 by Syrian regime forces at a checkpoint in Damascus city. He was taken to the Military Security Intelligence Directorate’s infamous Palestine Branch, or Branch 235, in Damascus city.

According to intelligence received by the Syrian Network for Human Rights (SNHR) from local activists in Damascus city, Ahmad, who had been a refugee in Lebanon, had been forcibly deported by personnel from Lebanon’s General Security to the Lebanese-Syrian border along with a group of fellow refugees a short time before. These deportations form part of a continuing security crackdown by the Lebanese authorities against Syrian refugees in Lebanon that has been going on since the start of this year.

Ahmad was arrested as soon as he was deported from Lebanon, without any legal arrest warrant being presented. His family was not informed of his arrest, and he was denied any opportunity to contact his family or a lawyer. At the end of June 2024, we documented his transfer from the Palestine Branch to a hospital elsewhere in Damascus city. At the time of his transfer to the hospital, he was extremely unwell due to the brutal torture to which he had been subjected in detention. He remained in the hospital’s intensive care unit until his death on Saturday, July 6, 2024, as we recorded.

International law strictly prohibits torture and other forms of cruel, degrading, or inhumane punishment. The prohibition of torture is a customary rule that cannot be disputed or balanced against other rights or values, even in times of emergency. Violating this rule is a crime according to international criminal law. Those who issued the orders for or assisted in carrying out torture are criminally liable for their actions.

Since the start of 2024, SNHR has documented regime forces’ arrest of at least 126 of the refugees forcibly deported from Lebanon, including four children and three women, all of whom have been detained in various regime detention centers. Most of these detainees were arrested by personnel from the Syrian regime’s Military Security Intelligence detachment located in al-Masna area on the Syrian-Lebanese border. SNHR must stress that the forcible deportation and refoulment of Syrian refugees constitute violations of customary international law. The governments carrying out such acts are legally responsible for any violations to which those refugees may be subjected at the hands of the Syrian regime; including but not limited to torture, killing, and enforced disappearance, in addition, of course, to the regime’s direct responsibility for these violations.

SNHR condemns all arrest and torture practices by Syrian regime forces, more especially those inflicted on returning Internally displaced persons (IDPs) and refugees. We call for the immediate launch of an independent investigation into all incidents of arrest and torture that have taken place, particularly this latest barbaric incident. We also call for all of those involved in perpetrating such crimes to be held accountable, from the officials issuing the orders to the individuals who carried them out. The findings of these investigations and accountability processes must be made public to the Syrian people. All of those involved in carrying out arrest and torture practices over the years must be exposed and dismissed from their positions, while the survivors and victims’ families must be compensated for the grave physical, psychological and emotional trauma inflicted on them.

In recent days, Türkiye has witnessed campaigns of incitement and violence against Syrian refugees, affecting all Syrians and their properties. These incidents began in the city of Kayseri and have spread to other Turkish cities. This followed an escalation in political incitement against Syrians and a tightening of arbitrary forced deportation measures. Syrians in Türkiye have been suffering for some time from various challenges related to their legal status, access to official documents, difficult living conditions, the aftermath of the devastating earthquake, and ongoing arbitrary forced deportation campaigns, falsely termed as voluntary return. Additionally, there is a lack of clarity in some official Turkish procedures in dealing with these issues, coupled with the exploitation of the Syrian refugee crisis in Turkish elections through racist rhetoric adopted by many Turkish political parties.

This situation has led to acts of violence and riots against Syrians in Türkiye, affecting their lives and properties, resulting in casualties in many Turkish provinces, and has significantly escalated in recent days. This is due to the lack of decisive measures against racist rhetoric targeting Syrian refugees by the Turkish government, in addition to making the Turkish Immigration Directorate the sole authority responsible for resolving any legal issues faced by Syrians as individuals and as a community, depriving the Syrian refugee community of the ability to demand their rights through Turkish judicial bodies. The deportation operations and Turkish political rhetoric have also led to protests and violence, resulting in numerous casualties in northern Syria.

As Syrian civil society organizations, we call on the Turkish government to fulfill its national and international commitments related to protecting human rights, especially the rights of refugees and displaced persons on its territory. We also urge the Turkish government to adhere to the principle of non-refoulement, especially since Syria, in the current situation, is not safe for the return of millions of Syrian refugees, as confirmed by reports from the Independent International Commission of Inquiry on the Syrian Arab Republic (COI-Syria) regarding the ongoing gross human rights violations in Syria. This highlights the urgent need to protect Syrian refugees and displaced persons from being subjected to these harsh and dangerous conditions.

Furthermore, we call on the Turkish government to take immediate measures to protect Syrians in Türkiye and ensure their basic rights and dignity. We also urge the Turkish government and the international community to work together to provide necessary support to refugees and displaced persons, ensure a safe and dignified life for them within the country, and find practical, comprehensive solutions to alleviate the suffering of Syrians and address the impacts of the Syrian refugee crisis in Türkiye. This includes working on a broad plan for the integration of Syrian refugees and combating hate speech and racist rhetoric against them, acknowledging that Turkey has borne the burden of hosting Syrian refugees over the past years.

We also call on donor communities funding the response to Syrian refugees in neighboring countries to ensure that the funding allocated for refugee support is not used in the coercive measures exercised by the Turkish Immigration Directorate against Syrian refugees.

The vast majority of Syrians look forward to the day when Syria becomes a safe country for their return, freeing them from the reasons for their displacement abroad, and rebuilding their country in a way that guarantees the dignity, security, and freedom of its people, and respects the rights, interests, and sovereignty of neighboring countries reciprocally. Until that day comes, we call for addressing the current escalation and violence against Syrians, protecting them, and addressing the challenges of Syrian asylum in Turkey in accordance with the provisions of law and international agreements.

Organizations:

– Aata for Development

– Access Center for Human Rights (ACHR)

– Albaghooz Hope for Development

– Almasa Center for Studies, Research, Consulting, women’s rights, empowerment and training

– Americans for Free Syria

– Analysis and Strategic Studies Organization

– ASO Center for Consultancy and Strategic Studies

– Association of Victims of Chemical Weapons

– Awda For Development

– Badael

– Bader For Community Development

– Baytna pour le soutien de la société civile

– Bercav Origination

– Caesar Families Association

– Cevher organization

– ChangeMakers

– Child Guardians

– Damma.hug

– Democratic women

– Derina Organization

– Dozana

– Duderi

– Engineering for Services

– Ensaf for Development

– Families for freedom movement

– Fanarat organization

– Feminist

– Finjan

– For us

– Gathering of Kurdish civil forces in Syria

– House of citizenship

– HRAK

– Humanitarian Care Charity

– Huquqyat

– Ishtar Development Organization

– ISO

– Jsor Alamal

– Judy Organization for Relief and Development (JORD)

– Kurdish feminist voices

– LACU

– Lawyers and Doctors for Human Rights LDHR

– Lelun Association for Victims

– Local Community Empowerment

– Lyktan Sverige

– Mahabad Organization for Human Rights MOHR

– MultiFaith Alliance

– Musawa

– National Dialogue Forum

– Orchid

– Pro-justice

– Release Me

– Sadad Humanitarian Organization

– Sanabel al Furat

– SOBH CULTURAL TEAM

– SYCAC

– Synergy Association for Victims

– Syria Research Group

– Syrian British Consortium (SBC)

– Syrian Center for Legal Studies and Reacher (SCHSR)

– Syrian Center For Media And Freedom Of Expression (SCM)

– Syrian Network for Human Rights (SNHR)

– Syrian Swedish Association

– Syrian Women Network

– Syrian Center for Community Development

– Syrians for Truth and Justice (STJ)

– Syrians Gathered

– Tayif Humanitarian Organization

– The Day After

– The EMPOWER PEACE INITIATIVES AND STRATEGIC OF ACTION Organization.

– The Syrian Legal Development Programme

– TRAHOM

– Union of Revolutionary Bureaus

– Université Libre de Bruxelles

Ahmad Adnan Shamsi al-Haydar, from al-Boukamal city in eastern Deir Ez-Zour governorate, was arrested in April 2024 by Syrian regime forces at a checkpoint in Damascus city. He was then taken to the Military Security Intelligence Directorate’s Palestine Branch, or Branch 235, in Damascus city.

According to intelligence received by the Syrian Network for Human Rights (SNHR) from local activists in Deir Ez-Zour, Ahmad, who had been a refugee in Lebanon, was forcibly deported by personnel from Lebanon’s General Security to the Lebanese-Syrian border along with a group of fellow refugees. This came as part of a continuing security crackdown by the Lebanese authorities against Syrian refugees in Lebanon that has been going on since the start of this year.

Ahmad was arrested as soon as he was deported from Lebanon, even though no legal arrest warrant was issued. He was denied any opportunity to contact his family or a lawyer. The last known information about Ahmad was his transfer from Palestine Branch in Damascus to the Military Security Intelligence’s branch in Deir Ez-Zour. He had been forcibly disappeared ever since.

On June 25, 2024, Ahmad’s family received notification from a Syrian regime officer that Ahmad had died inside the Military Security Intelligence Directorate’s branch in Deir Ez-Zour city. His body was returned to his family at the Ahmad al-Hwyedi Military Hospital in Deir Ez-Zour city the next day, June 26, 2024. SNHR can confirm that Ahmad was in good health at the time of his arrest, indicating a strong probability that he died due to torture and medical negligence inside the Military Security Intelligence Directorate’s branch in Deir Ez-Zour city.

International law strictly prohibits torture and other forms of cruel, degrading, or inhumane torture. The prohibition of torture is a customary rule that cannot be disputed or balanced against other rights or values, even in times of emergency. Violating this rule is a crime according to international criminal law. Those who issued the orders for or assisted in carrying out torture are criminally liable for their actions.

Since the start of 2024, SNHR has documented that at least 126 of the refugees forcibly deported from Lebanon, including four children and three women, have been arrested by regime forces and detained in various regime detention centers. Most of these detainees were arrested by the Syrian regime’s Military Security Intelligence detachment located in al-Masna border area. SNHR must stress that the forcible deportation and refoulment of Syrian refugees constitute a violation of customary international law. The governments carrying out such acts are legally responsible for any violations that those refugees may be subjected to at the hands of the Syrian regime; including but not limited to torture, killing, and enforced disappearance, in addition, of course, to the regime’s direct responsibility for these violations.

SNHR condemns all arrest and torture practices by Syrian regime forces, more especially those inflicted on returning Internally displaced persons (IDPs) and refugees. We call for the immediate launch of an independent investigation into all incidents of arrest and torture that have taken place, particularly this barbaric incident. We also call for all of those involved in such crimes to be held accountable, from the officials issuing the orders to the individuals who carried them out. The findings of these investigations and accountability processes must be made public to the Syrian people. All of those involved in arrest and torture practices over the years must be exposed and dismissed, while the survivors and victims’ families must be compensated for the grave physical, psychological and emotional trauma inflicted on them.

Paris, 4 June 2024 – On May 24, 2024, the Paris Criminal Court issued a life imprisonment sentence against three high-ranking Syrian security officials close to Bashar al-Assad: Major General Ali Mamlouk, Major General Jamil al-Hassan, and Brigadier General Abdel Salam Mahmoud. They were convicted of complicity in committing crimes against humanity and war crimes against the Syrian-French nationals Mazzen and Patrick Dabbagh.

This ruling came after four days of hearing testimonies from experts and survivors from the Investigation Branch of the Air Force Intelligence Department detention center at Mezzeh Airport. The evidence presented over eight years proved the responsibility of these officials for the crimes. Mazzen and Patrick were detained and forcibly disappeared in 2013. Death certificates were issued for them by the Syrian government in 2018, after they were killed as a result of torture and ill-treatment.

This trial is the first of its kind in France, holding high-level Syrian officials accountable for their crimes.

We, the undersigned Syrian civil society organizations and victims and survivors’ associations, welcome this ruling. It represents an important step on the path to justice and reaffirms the ongoing efforts to combat impunity until all perpetrators of violations in Syria are held accountable and the victims are given justice and adequate compensation.

We also extend our sincere thanks for the courage and determination shown by the witnesses and the Dabbagh family in reaching this ruling. We eagerly anticipate the day when Syrian men and women can seek justice in their own courts, for we believe that true justice is the foundation of the peace and stability we all aspire to achieve.

Signatories:

1. Access Center for Human Rights (ACHR)
2. Alsharq News
3. Amal Healing and Advocacy Center
4. Assyrian Society for Helping and Development
5. Badael
6. Baytna pour le soutien de la société civile
7. Caesar Families Association
8. chemical violations documentation center and research
9. Deirna Organization
10. Family of Truth and Justice
11. Fraternity foundation for Human Rights-FFHR
12. Free Syrian lawyers Association -FSLA
13. Global Organization for Civil Society (GLOCA)
14. Humanitarian care charity
15. Justice for peace
16. LACU
17. Lawyers and Doctors for Human Rights LDHR
18. Local Development and Small-Projects Support (LDSPS)
19. Local Development Organization
20. MAHABAD ORGANIZATION FOR HUMAN RIGHTS MOHR
21. Mizan Organisation for Legal Research and Human Rights
22. MPFG
23. Multifaith Alliance
24. Musawa
25. Observatory of Political and Economic Networks
26. Office of the Wounded and Missing Persons Affairs
27. Pro-justice
28. PÊL- Civil Waves
29. SADAD Humanitarian Organization
30. SOBH CULTURAL TEAM
31. Synergy Association for Victims
32. Syria spring team
33. Syrian Archive
34. Syrian British Consortium
35. Syrian center for legal studies and research
36. Syrian Center for Policy Research
37. Syrian Community Romania
38. Syrian Forum
39. Syrian Network for Human Rights – SNHR
40. Syrians for Truth and Justice
41. The Syrian Center for Media and Freedom of Expression (SCM)
42. The Syrian Legal Development Programme
43. The White Helmets
44. Together For Algarniya
45. Union of Free Syrian Students
46. Union of Revolutionary Bureaus
47. We Dared to Dream “Action for Sama”
48. Women Now for Development
49. Zoom in Association

On Friday, May 24, 2024, the Paris Criminal Court officially convicted three Syrian regime security leadership officials in absentia on charges of complicity in war crimes and crimes against humanity in the case of the Franco-Syrians Mazen Dabbagh and his son Patrick (Abdul Qader), who were arrested, forcibly disappeared, and subsequently killed under torture in a detention center operated by the Syrian regime’s Air Force Intelligence Directorate. The Syrian regime also seized the Dabbagh family’s properties in Damascus.

This ruling followed several trial sessions held in absentia against the accused from May 21-24, 2024. The case had been under investigation by the War Crimes Unit in Paris since November 2016, before a decision was made by the city’s General Prosecutor to launch a judicial examination on the grounds of the universal jurisdiction principle. On October 8, 2018, the examining judges issued arrest warrants against the three officers accused, namely Ali Mamlouk, Jamil Hassan, and Abdel Salam Mahmoud.

This landmark trial would not have been possible without the tireless and brave efforts of Obayda Dabbagh, Mazen’s brother, and Ms. Hanan Dabbagh, Mazen’s widow.

The Court sentenced the three high-ranking regime officers in absentia to life imprisonment, as they were convinced of complicity in imprisonment, torture, enforced disappearance, and causing deliberate harm to life, constituting crimes against humanity; and extortion and property seizure, constituting war crimes.

The Syrian Network for Human Rights (SNHR), represented by its Executive Director Fadel Abdulghany, closely followed, and attended the recent proceedings over the past four days. Moreover, SNHR’s data and reports were referenced in many of the statements made by the Dabbagh family’s lawyer, as well as the witnesses, and experts.

We, the undersigned Syrian civil society organisations (CSOs) and victims’ groups, formally request that the Human Rights Committee provide Arabic interpretation during the formal briefing with the Syrian civil society at the 141st session review by the Committee of the Syrian Arab Republic. The right to participation and accessibility to UN Treaty Bodies are inseparable from the mandate of the Human Rights Committee; unfortunately, both the Committee’s obligations and the fundamental rights of those taking part in the official UN processes will not be met without Arabic interpretation during the briefing with Syrian civil society.

The Human Rights Committee will hold the 141st session from July 1st to August 2nd 2024, where it will review the Syrian Arab Republic’s implementation of the International Covenant on Civil and Political Rights (ICCPR). The Syrian Arab Republic’s lack of cooperation has affected the Committee’s work as it has not been able to adequately assess Syria’s compliance and implementation of the ICCPR. The formal briefing taking place in 2024 is a major opportunity for the Committee to hear from Syrian SCOs and victims’ groups, filling the human rights and legislative gap by providing unique expertise and knowledge on the state of human rights in Syria and ensuring accountability for Syria’s breach of obligations under the ICCPR.

The Syrian Arab Republic has never adequately engaged in the review process of the Committee since its beginnings and has notably lacked crucial cooperation for the past 17 years. Indeed, there has not been any State party report from the Syrian Arab Republic between 2004 and 2021. Syria has, therefore, accumulated an almost unprecedented delay in its obligations to the Committee’s review and the implementation of those obligations. The last State party report shared in 2021 was due in 2009. We note that the lack of collaboration of Syria with the Committee’s procedures has exacerbated impunity for violations of the ICCPR, with grave consequences for human rights standards in the country.

It is key to note that since the peaceful uprising of 2011 turned into armed conflict, the Syrian Arab Republic has gone completely silent to the Committee on the ongoing violations committed – despite violations of human rights committed by the Syrian government amounting to crimes against humanity and war crimes. While Syria has responded to the Committee’s List of Issues in 2024, it does not reflect the crimes committed and reported by UN bodies on the grave violations of the ICCPR: such as the grave violations of the right to life, including through ongoing indiscriminate attacks against civilians, the use of banned and chemical weapons and systematic executions in detention, the use of widespread and systematic torture and ill-treatment and rape and other forms of sexual violence, the lack of fair trial, the continued enforced disappearance and arbitrary detention with the use of secret detention facilities, and also grave restrictions to fundamental freedoms, including the grave violations against returnees, peaceful activism, journalists and human rights defenders.

The review of the Human Rights Committee on Syria is crucial to fighting impunity in the face of the human rights violations perpetrated by the Syrian Arab Republic and the consistent breach of the ICCPR standards since 2011. By allowing Arabic interpretation, the Committee will be able to hear and benefit from precise inputs from Syrian CSOs in an inclusive way; therefore, it will be able to benefit from unique expertise on human rights implementation in Syria. The formal briefing with the Committee also represents a unique opportunity for Syrian CSOs to address their concerns regarding the violations of the ICCPR in Syria in a consolidated way, providing the Committee with crucial information on Syria’s response to the adopted List of Issues.

Unfortunately, formal briefings are restricted to three UN languages: English, French and Spanish. The right to participation and accessibility are at the heart of the UN, and those principles are present in both the Universal Declaration of Human Rights and the ICCPR itself. In many instances, the restriction of accessibility has long-term negative impacts on the rights of people, and in this particular case, language restrictions would deprive CSOs and victims’ groups of accessing and utilising the UN processes adequately, directly affecting the most fundamental rights of Syrians. This particular restriction of language is a great limitation to Syrian SCOs and victims’ groups willing to join the formal briefing and considerably affects their ability to ensure accountability for violations of the ICCPR in Syria.

For these many reasons, we, the undersigned organisations and victims’ group, formally ask the Human Rights Committee to provide Arabic interpretation.

We thank the Committee for its long-standing commitment to human rights and await positive arrangements and inclusiveness during the 141st session.

Signatories

1. The Syrian Legal Development Programme (SLDP)
2. The Day After (TDA)
3. The Syrian Network For Human Rights (SNHR)
4. Women Now for Deveopleemet (WND)
5. Free Syrian Lawyers Association (FSLA)
6. Lawyers and Doctors for Human Rights (LDHR)
7. White Helmets
8. Syrian Center for Media and Freedom of Expression (SCM)
9. Syrians for Truth and Justice ( STJ)
10. ​​Dawlaty
11. Union of Free Syrian Students
12. Justice for Peace
13. Syrian Youth Empowerment Initiative (SYE Initiative)
14. Zoom in
15. Adalaty Centre
16. Center for Civil Society and Democracy
17. Mahabad Organization for Human Rights (MOHR)
18. Global Organization for Civil Society Advancement (GLOCA)
19. Amal Healing and Advocacy Center
20. International Service for Human Rights (ISHR)
21. Women’s Organization for Transitional Justice
22. National Dialogue Forum
23. Union of Revolutionary Bureaus (URB)
24. Release me (Truth and Justice Charter)
25. Families for Freedom Movment (Truth and Justice Charter)
26. Caesar Families Association (Truth and Justice Charter)
27. Ta’afi Initiative (Truth and Justice Charter)
28. Hevdesti-Synergy Association for Victims (Truth and Justice Charter)
29. Justice for Life (JFL)
30. Adra Detainees Association (Truth and Justice Charter)
31. Families of Truth and Justice (Truth and Justice Charter)
32. Coalition of Families of Persons Kidnapped by ISIS (Massar) (Truth and Justice Charter)
33. General Union of Internees and Detainees (Truth and Justice Charter)

Lebanon should immediately halt forced deportations of Syrian refugees and reverse a set of unprecedented and draconian measures that were announced on 8 May 2024, seven organizations said in a joint statement today. Donor countries should urge Lebanon to uphold the principle of non-refoulement and ensure that any assistance provided is not used to facilitate abusive deportations.

On May 2, European Commission President Ursula von der Leyen visited Beirut and announced a one-billion-euro financial assistance package to Lebanon, which seeks to curb refugee arrivals to EU countries. About a fifth of the total financial assistance package is designated to support the Lebanese army and security services’ border management and migration control. Since then, Lebanese authorities have escalated the pressure on Syrians in the country and have issued new policies that would push even more refugees to flee the country.

On Wednesday 8 May, the Lebanese General Security announced a new set of rules and measures, including (unofficial translation):

• Requesting Syrians who violate the entry and residency system to go directly to the border departments and centers to grant them the necessary facilities to regularize their situation and leave Lebanese territory, under penalty of taking appropriate legal measures against those who do not leave.
• Emphasis on Lebanese citizens not to employ, shelter, or provide housing for Syrians residing illegally in Lebanon, under penalty of issuing administrative and judicial arrest reports against violators.
• Not allowing Syrians registered with the United Nations High Commissioner for Refugees to practice any paid work outside the work sectors specified for them.
• Resuming the organization of (voluntary and safe) returns of Syrian nationals wishing to return to their country under the auspices of the General Directorate of Public Security.
• Suspension of granting or renewing residency permits pursuant to a housing lease contract.
• Suspension of granting or renewing residency permits as a basis for a pledge of personal responsibility.
• Amending the conditions for renewing residence permits under financial guarantee.
• Closing all illegal establishments and shops managed or invested by Syrians, and taking appropriate measures against anyone who employs foreign workers in violation of the residency system and the labor law.

Since 9 May, dozens of raids and arrests have taken place across the country, while the Lebanese government has announced the resumption of return convoys to Syria. Shops run by Syrians have been closed down and there are widespread reports of residency permits being revoked.

In a context where at least 83% of Syrian refugees in Lebanon do not have access to legal residency, and Syrians who entered the country irregularly after April 2019 are deemed “illegal”, these measures put hundreds of thousands of Syrian refugees at immediate risk of forced deportation to Syria.

No parts of Syria are safe for returns. The United Nations continues to maintain that conditions in Syria are “not conducive to safe and dignified return”. In April 2024, the European Union Agency for Asylum (EUAA) found that high or substantive levels of indiscriminate violence continue to persist across Syria and that the risk of being persecuted remains widespread. In recent months, Syria has also experienced the worst escalation in violence since 2020. In February and March 2024, both the UN Commission of Inquiry for Syria and the Office of the UN High Commissioner for Human Rights (OHCHR) have issued reports that reiterated that Syria remains unsafe for return and that returnees are specifically being targeted upon return. Human rights organizations, including Amnesty International, Human Rights Watch and the Syrian Network for Human Rights, continue to document how Syrian security forces and government-affiliated militias arbitrarily detain, torture, disappear and kill refugees who return.

Lebanon, meanwhile, remains the country hosting the largest number of refugees per capita, with the government estimating that 1.5 million Syrian refugees currently live in the country. The country has struggled to assist refugees amid an acute economic crisis that has pushed over 80 percent of the population into poverty. Meanwhile, donor countries have dramatically reduced their funding for refugee programming. Further, in 2023, only 2,800 Syrians were resettled to the EU from Lebanon, which amounts to a mere 1% of the overall number of Syrians living in the country who were in need of resettlement.

Donors must shoulder their responsibility and take the necessary steps to improve the situation of  Syrian refugees in Lebanon. They have an obligation to conduct a thorough human rights due diligence assessment to ensure that their funding does not contribute to human rights violations. Donor countries should also use the upcoming Brussels VIII Conference on the Future of Syria and the Region (27 May) to provide additional funding to support refugee and Lebanese host communities given the deteriorating situation in the country and resettle a greater number of Syrian refugees residing in Lebanon to Europe and the United States.

“By all accounts, Syria remains unsafe for return. Rather than providing a de facto green light to summary deportations of Syrian refugees, the US, EU and other donor countries should make clear that violations of the non-refoulement principle will have concrete consequences for their bilateral relations with Lebanon”, the organizations concluded.

Signatories:

11.11.11

Amnesty International

Centre Libanais des Droits Humains (CLDH)

EuroMed Rights

PAX

Refugees International (RI)

Syrian Network for Human Rights (SNHR)

Lebanese authorities and the European Union must respect their obligations under international law and not forcibly return refugees to Syria as long as the conditions for safe, voluntary and dignified returns are not met, eight civil society organizations said today ahead of European Commission President Ursula von Der Leyen’s visit to Beirut.

In recent months, the Lebanese government has advocated for an EU-Lebanon migration deal under which the EU, according to media reports, would provide additional financial support to Lebanese security agencies to prevent people, including Syrian refugees, Lebanese individuals and other nationals living in Lebanon, from trying to reach European states. The deal would also expand return assistance programming to so-called “safe areas” inside Syria to incentivize refugee returns.

This is the latest in a series of migration cooperation deals negotiated by the EU that seeks to enlist third countries’ assistance on border control and that are premised on the abdication of responsibility for people seeking safety. These deals expose individuals to human rights risks, erode asylum protection and undermine the international protection system as a whole. These agreements evade public, parliamentary, and judicial oversight in the EU and partner countries and consistently lack adequate monitoring and oversight mechanisms to ensure the EU is not complicit in human rights violations.

No parts of Syria are safe for returns. The United Nations continues to maintain that conditions in Syria are “not conducive to safe and dignified return”. In April 2024, the European Union Agency for Asylum (EUAA) found that high or substantive levels of indiscriminate violence continue to persist in most areas of Syria and that the risk of being persecuted remains widespread. In recent months, Syria has also experienced the worst escalation in violence since 2020. In the past two months alone, both the UN Commission of Inquiry for Syria and the Office of the UN High Commissioner for Human Rights (OHCHR) have issued reports that reiterated that Syria remains unsafe for return and that returnees are specifically being targeted upon return. Human rights organisations, including Amnesty International, Human Rights Watch and the Syrian Network for Human Rights, continue to document how Syrian security forces and government-affiliated militias arbitrarily detain, torture, disappear and kill refugees who return. These violations are often a direct consequence of perceived affiliation with the opposition simply based on individuals’ decisions to leave the country and seek refuge elsewhere.

Given these conditions, EU assistance geared to enabling or incentivizing returns to Syria risks resulting in forced returns of refugees, making Lebanon and the EU complicit in violations of the customary international law principle of non-refoulement, which obliges states not to forcibly return people to countries where they risk persecution or other serious human rights violations.

Further, since 2019, Lebanese authorities have been summarily deporting Syrian refugees back to Syria, including through forced returns at the border, in violation of the principle of non-refoulement.

As such, EU support to Lebanese security agencies with the aim of curbing migration movements to Europe could result in Syrians resorting to even longer and more dangerous routes to try to reach Europe’s shores in order to avoid forced deportation to Syria, making them reliant on smuggling networks and vulnerable to trafficking.

Lebanon remains the country hosting the largest number of refugees per capita, with the government estimating that 1.5 million Syrian refugees currently live in the country. The country has struggled to assist refugees amid an acute economic crisis that has pushed over 80 percent of the population into poverty. Donor countries, including the EU, have dramatically reduced their funding for refugee programming. Further, in 2023, only 2,800 Syrians were resettled to the EU from Lebanon, which amounts to a mere 1% of the overall number of Syrians living in the country who were in need of resettlement. Recent decisions by the United States and many EU member states to suspend funding to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) which provides assistance to 250,000 Palestinians in Lebanon – 80 per cent already living under the poverty line, have put even more strain on Lebanon’s refugee population, while the future of the organization remains in question.

Stronger EU support to Lebanon in meeting the needs of refugees is long overdue. Well-managed cooperation with partner countries – based on human rights and the rule of law – could deliver inclusive growth, sustainable development, and advance strategic partnerships. Such partnerships must include human rights risks and impact assessments, independent monitoring, and clauses to suspend cooperation if abuses follow. Any EU-Lebanon migration partnership should be aimed at protecting Syrian refugees in Lebanon, including by halting summary deportations. Further, the EU should commit to providing additional funding to support refugee and Lebanese host communities, resettling a greater number of Syrian refugees residing in Lebanon to Europe, and ending illegal pushbacks from EU countries to Lebanon. Finally, the EU and member states should ensure that they provide adequate support to UNRWA.

Signatories:

11.11.11

Access Center for Human Rights (ACHR)

Amnesty International

Centre Libanais des Droits Humains (CLDH)

EuroMed Rights

Human Rights Watch

PAX

Syrian Network for Human Rights

Khirou Ra’fat al-Shlash, a 44-year-old car trader and livestock merchant from al-Sheikh Yahya village, which is administratively a part of Manbij city in eastern rural Aleppo governorate, was detained on April 25, 2024, by personnel from Syrian Democratic Forces (SDF) as they followed him for a while after leaving his home in al-Sheikh Yahya village. The arresting personnel severely beat him and shot him, injuring his back.

Khirou’s detention was conducted with no judicial warrant. He was taken to the SDF’s al-Maliya Prison in Manbij city, and he was accused of working with Syrian regime forces.

On April 27, 2024, Khirou’s family was notified by an SDF member that he had died in al-Maliya Prison. His body, showing signs of severe torture, was returned to the family the next day at al-Furat ‘Euphrates’ Hospital in Manbij city. The Syrian Network for Human Rights (SNHR) can confirm that he was in poor health at the time of his arrest due to the injuries he sustained during the detention, indicating a strong probability that he died due to torture in the SDF detention center. On April 28, 2024, SNHR received a number of photos clearly showing that Khirou Ra’fat al-Shlash was subjected to barbaric torture during his detention.

International law strictly prohibits torture and all other forms of cruel, degrading, or inhumane torture. The prohibition of torture is a customary rule that cannot be disputed or balanced against other rights or values, even in times of emergency. Violating this rule is a crime according to international criminal law. Those who issued the orders for or assisted in carrying out torture are criminally liable for their actions.

SNHR condemns all abduction and torture practices by SDF armed personnel, as by all other forces. We call for the immediate launch of an independent investigation into all incidents of arrest and torture that have taken place, particularly this latest barbaric incident. We also call for all of those involved in such crimes to be held accountable, from the officials issuing the orders to the individuals who carried them out and all who colluded in the process. The findings of these investigations and accountability processes must be made public to the Syrian people. All of those involved in abduction and torture practices over the past years must be exposed and discharged, while the survivors and victims’ families must be compensated for the grave physical and moral trauma inflicted on them.

On 11 March 2024, the Swiss Attorney General submitted an indictment to the Federal Criminal Court (FCC) against Rifaat Al-Assad, uncle of Syrian President Bashar Al-Assad for committing war crimes and crimes against humanity. The accused is charged with ordering homicides, acts of torture, cruel treatment and illegal detentions in the Syrian city of Hama, within the context of the armed conflict the city witnessed in February 1982, in his capacity as commander of the defense brigades and the former Vice-President of his brother, the former President Hafiz Al-Assad.

The signatory civil society and non-governmental organisations, and victim associations commend this judicial measure as a significant advancement towards delivering justice to the victims of crimes and violations in Syria. They affirm their commitment to pursuing justice and express gratitude for the testimonies and information provided to support this endeavour.

Nonetheless, the signatory parties assert the following demands:

Firstly: The necessity of holding trial sessions without delay.

We stress the urgency of promptly commencing trial sessions. Given the advanced age of the accused, Rifaat al-Assad who is now 86 years old, and the importance of delivering justice to plaintiff parties and Syrian society at large, expedited legal proceedings are imperative.

Our concern is mainly due to the risk of a premature end of judicial processes due to the ageing defendant’s potential death—an occurrence witnessed in a previous case based on universal jurisdiction involving Algerian Major General Khaled Nezzar in 2023. Nezzar passed away before the set dates of his trial in Switzerland for war crimes and crimes against humanity. Therefore, expediting Rifaat al-Assad’s trial is imperative. We urge the court to consider adopting the previously scheduled trial dates for Khaled Nezzar (June 17 to July 19, 2024) for Rifaat al-Assad’s trial instead.

Proposing to hold Rifaat al-Assad’s trial in June 2024 is both justified and feasible. This timeline offers hope to plaintiffs and victims of the Syrian government, providing an opportunity to obtain long-awaited legal answers concerning atrocities such as the Hama massacre of which the details have been hidden for decades.

Secondly: Implementing the arrest warrant through Interpol.

Despite a French court issuing a ruling against him in 2021, sentencing him to four years in prison and confiscating his ill-gotten gains, Rifaat Al-Assad managed to evade justice. He exploited slow legal procedures and leveraged his wealth and connections, enabling his return to Syria. This raises suspicions and perpetuates a state of impunity.

Based on the aforementioned circumstances, we demand that the arrest warrant for Rifaat al-Assad be forwarded to Interpol and the Syrian government so that handing him over to justice is binding.

Thirdly: The necessity of providing a full translation of the hearing sessions.

It is crucial to ensure full translation of the court proceedings. The trial of Rifaat al-Assad holds significance not only for the victims but also for Syrian society as a whole, both within Syria and in the diaspora. This importance is underscored by its connection to the Hama massacre, a tragic event symbolising years of oppression and violence endured by Syrian men and women.

Hence, we demand comprehensive translation of all trial sessions from French to Arabic. This translation should be accessible to the public, civil society organisations, victims’ associations, and the press. Past experiences have demonstrated that the availability of translation services enhances the perception of justice and the court’s respect for victim groups and their representatives.

The signatory organisations are confident that providing such translation services during Rifaat al-Assad’s trial will fulfil the expectations of Syrian victims and non-French-speaking stakeholders. Moreover, it will bolster confidence in the application of universal jurisdiction for crimes committed in Syria.

Signatories:

Adel Centre For Human Rights

Caesar Families Association

Do Not Suffocate Truth

FAMILY OF TRUTH AND JUSTICE

Fraternity Foundation for Human Rights -FFHR

Human Rights Guardians

Jana Watan

LACU

Lamsat Ward

Lawyers and Doctors for Human Rights LDHR

Mari Research and Development

Political Feminist Platform

Pro-justice

Sane menottes

Syrian Archive

Syrian Center for Legal Studies and Research

Syrian Forum

Syrian Memory Institution

Syrian Network for Human Rights (SNHR)

Syrians for Truth and Justice

The Syrian Center for Media and Freedom of Expression (SCM)

The Syrian Legal Development programme

Union of revolutionary bureaus

Urnammu for Justice and Human Rights