A former Assad official was sentenced for crimes against humanity in Koblenz. With the Assad regime recently falling, the verdict holds key relevance for future trials in Syria and abroad, targeting remaining and fleeing perpetrators.
More than two years after the judgment in early 2022, the German Federal Court of Justice has now finally ruled on the appeal in what was the first trial of a growing series relating to international crimes committed by the Assad regime against the Syrian people. It has upheld all the relevant findings as well as the verdict, which sentenced Anwar R., a former high-ranking official of the Assad government, to life imprisonment for crimes against humanity in Syria. He was found guilty of being an accomplice to torture, 27 murders, grievous bodily harm, and sexual violence in the al-Khatib detention facility in Damascus, Syria. The verdict is now final.
Anwar R. was the head of investigations at the now notorious detention center of Branch 251 of the Syrian General Intelligence Service, in 2011 and 2012, which played a crucial role in suppressing the Syrian people for the interests of the regime. During this early phase of the Syrian revolution, he committed crimes against humanity. According to the judgment he was responsible for the torture of at least 4,000 people under the authority of Branch 251 in Damascus, Syria. At least 27 of those detainees died. The trial began in April 2020 and was originally brought against two accused, Anwar R. and Eyad A., the latter being arrested in Rhineland-Palatinate, over which the Koblenz court has jurisdiction.
With the fall of the Assad regime in early December 2024, calls for accountability have intensified, and further pathways towards accountability are being discussed as light is shed on the atrocities. For the past 13 years, the only accountability option available in the Syrian context has been through universal jurisdiction trials.
International Proceedings in Koblenz
These first-ever proceedings–widely perceived and discussed internationally–consisted of 108 days of hearings. During the trial, the court heard more than 80 witnesses, including numerous experts, such as a forensic expert who had examined the so-called Caesar photos and an ethnologist who testified about the political and social situation in Syria at the time. It viewed a selection of photographs from the so-called Caesar files, photographs taken by a former Syrian military photographer, documenting the torture of (political) prisoners by Syrian state officials. The evidence had been forensically examined by an expert. The court also took into account numerous reports from international and human rights organizations.
Back in 2022, Anwar R. had appealed the judgment on the grounds of several alleged procedural law violations, however without success: The Federal Court of Justice now clarifies that reports of national and international institutions, such as those of the United Nations, e.g. the UN Commission of Inquiry on Syria, or the German Federal Office for Migration and Refugees (BAMF) reports on the situation in Syria, are authentic and reliable documents from public institutions. Therefore, they may be read out in trials and utilized in the judgment. This is particularly important in situations where independent, international investigations are not possible in the country concerned.
The verdict puts special emphasis on sexual violence as a systematic crime rather than just as an isolated incident. The conviction of Anwar R. for sexual violence as a crime against humanity is an important milestone for many of those affected. The verdict thereby clarifies that these crimes have been carried out systematically to oppress the Syrian people. The joint plaintiffs had successfully petitioned the court to charge sexual violence not only as an isolated incident but rather as a systematic crime against Syrian civilians.
No Functional Immunity for War Criminals
Interestingly, the Federal Court of Justice, once again, took a stand on functional immunities (meaning: a state official committing crimes during his or her duty in their official capacity), without the issue having been raised by the parties. It had already ruled on the immunities in 2021.
Now the court has once again made it clear that there is no functional immunity for public officials–including Anwar R.–when it comes to international crimes. Although he acted as an official of the Syrian state, his actions would have to be considered government actions. This means that once a government official commits international crimes such as war crimes, crimes against humanity, or genocide, the perpetrator is liable to prosecution, regardless of his status and rank. This was later reflected in the reform of the German Code of Crimes Against International Law (CCAIL). The reform clarified that foreign state officials cannot invoke functional immunity when charged with international crimes by the German judiciary.
Several shortcomings in the trial and the verdict have also sparked a discussion about the need to reform the CCAIL and the criminal procedural law. Among the issues addressed in the legislative reform is the crime of enforced disappearance, one of the most emblematic crimes used by the Syrian regime to oppress the civilian population. Nevertheless, it was not included in the judgment, despite a request by the joint plaintiffs. Hundreds of thousands of people have been forcibly disappeared in Syria. The former Regime used these tactics as a strategic instrument to consolidate control and crush its opponents as well as to oppress its population. Enforced disappearance was particularly utilized deliberately and directly against outspoken critics of the former Regime, keeping their families in the unknown, to terrorize and collectively punish society. During the Koblenz trial, numerous witnesses repeatedly described how they, family members, or acquaintances had been forcibly disappeared. To ensure justice for the disappeared and their families, future trials must also address this symbolic crime. In this regard, the reformed CCAIL will hopefully ensure a different practice.
The Importance of the al-Khatib Verdict
Part of the reform was to make these trials of international importance more accessible to an international, non-German-speaking audience. International reporters and journalists now have the opportunity to use interpretations in court hearings which in some cases may be provided by the court. Similarly, another cause that was vigorously fought for is that the courts may now record proceedings of “outstanding contemporary significance” for historical and academic purposes without requiring a particular relevance to Germany (although one might wonder how core international crimes could not be relevant for any nation).
However, what will be relevant in future trials and what the al-Khatib verdict has managed to establish, is the responsibility of the Assad regime for crimes against humanity. The judgment describes these atrocities and the regime’s responsibility for them in great detail. These legally binding findings are of immense importance for further proceedings, such as the ongoing trial of Alaa M. at the Frankfurt Higher Regional Court, or the trial following the recent arrest of five alleged members of a Syrian militia in early July 2024. It will have a signal effect on numerous future proceedings in Germany, Europe, and internationally. The judgment thus provides a solid basis for a rapidly growing number of prosecutions and trials in several countries.
The al-Khatib trial, the universal jurisdiction investigations, and all further trials proved not only to be theoretically but also practically possible. For the time being, there is a final judgment relating to a mid-level perpetrator, and the responsibility of the Syrian regime has been established. Finally, it is to be hoped that courts in future international trials, will provide a detailed account of these proceedings, documenting their significant historical and social implications.
New Accountability Pathways Now Open
After the fall of the Assad regime on 8 December 2024, the question of how to hold perpetrators accountable became even more relevant. The Syrian transitional government has already announced to hold prosecutions and trials against former Regime affiliates within Syria. As massive crime sites like the former Saydnaya prison complex are freed or mass graves are being discovered only days after the regime has left the country, the Syrian transitional government has already announced to prepare a list of suspects responsible for the most emblematic crimes committed under the Regimes rule. A visit by Chief Prosecutor of the International Criminal Court Karim Khan to Damascus creates big hopes for survivors and relatives. One crucial assignment will be to secure evidence all relevant evidence from the Regime’s archives, but also from detention facilities and other crime sites.
Prosecutions and trials are now being demanded by many to happen within Syria, for example with the support of international criminal justice experts. Universal jurisdiction trials served as a band-aid for the time being. Now, a window of opportunity has opened to review the accountability process which must be guided by the Syrian civil society. Proceedings, respecting fair trial guarantees, now seem possible within Syria. The Koblenz trial, providing essential findings, served as a milestone on the path to further justice and accountability. More trials will be held in European jurisdictions with more evidentiary possibilities on the horizon because investigations and judicial assistance might now be possible with Syria. However, universal jurisdiction now presents one of many options.
