Posts Tagged ‘torture’

Henri Tiphagne slams India’s ‘zero accountability’ on torture

June 26, 2025

Human Rights activist Henry Tiphagne at the press meet

Human Rights activist Henry Tiphagne at the press meetInstagram/peopleswatch

On 25 June 2025 Azeefa Fathima wrote how – at the release of the Global Index on Torture in Geneva, human rights defender Henri Tiphagne of India’s People’s Watch slammed India for failing to ratify the UN Convention Against Torture and for allowing systemic impunity in custodial deaths.

India’s human rights record on custodial torture came under sharp international criticism at the launch of the Global Index on Torture in Geneva on Tuesday, June 25, with prominent rights advocate Henri Tiphagne accusing the country of “zero accountability” in cases of police brutality and deaths in custody.

Drawing attention to the fifth anniversary of the custodial deaths of Jeyaraj and Benix in Tamil Nadu, Henri said, “The father and son were tortured and died in judicial custody. They were produced before a judicial magistrate after medical examination, having already changed clothes three times due to bleeding. The trial has gone on for five years, across 262 hearings, and is still ongoing, while the family continues to face reprisals.”

Henri, who is the Executive Director of People’s Watch, criticised India for being among eight countries listed in the Global Index for ongoing torture and reprisals against victims and human rights defenders. “We are yet to ratify the Convention Against Torture, despite over 41 countries having recommended it. The National Human Rights Commission (NHRC) has existed for 32 years and has not prosecuted even one police officer responsible for extrajudicial killings or torture,” he said…

He said that India must “bow down in shame” for its continued failure to ratify the UN convention and for its “zero accountability” in cases of custodial torture and deaths.

India is one of eight countries globally, alongside Libya, Honduras, Belarus, Colombia, Turkey, the Philippines and Tunisia, flagged for systemic torture and reprisals against survivors and human rights defenders. [see https://humanrightsdefenders.blog/2025/02/25/looking-towards-2025-blog-post-by-omct-secretary-general-gerald-staberock/]

The National Human Rights Commission (NHRC), established 32 years ago, has never successfully prosecuted a single police officer involved in torture or extrajudicial killings, Henri noted, and said, “We are the only country with so many human rights institutions, and yet they are not functioning. The NHRC has even been downgraded in Geneva, and this speaks volumes”.

Human Rights activist Henry Tiphagne at the press meet

Explained: Why India’s NHRC faces a downgrade from ‘A’ to ‘B’ status

https://www.thenewsminute.com/tamil-nadu/at-geneva-event-henri-tiphagne-slams-indias-zero-accountability-on-custodial-torture

Looking towards 2025: Blog post by OMCT Secretary General Gerald Staberock

February 25, 2025

In this interview, OMCT Secretary General Gerald Staberock shares his vision for 2025 and key priorities in the fight against torture. From the launch of the Global Torture Index to the SOS Defenders platform, he highlights the initiatives that will shape the movement and strengthen global human rights efforts, including the Global Week on Torture—an event not to be missed.

His message for 2025 is clear: “resilience and unity, not despair.”

What is your vision for 2025, and what priorities should we focus on to maximize our impact on human rights?

In my vision, 2025 is the year in which we rise to the challenge and stand up in the anti-torture movement and uphold the absolute prohibition of torture. Today, in an increasingly dangerous world where states are turning away from human rights, fostering division and weakening protections, and some questioning universal norms altogether, the message must be resilience and unity, not despair. It is essential to protect all victims of torture and to defend the universality of human rights, which is under threat.

I am convinced that our SOS Torture Network must serve as an anchor for human rights and universality. As a movement, we stand united—to protect those at risk, to support our fellow human rights defenders under threat, and to ensure that the absolute prohibition of torture remains intact.

What impact do you hope the launch of the Global Torture Index will have?

The Global Index on Torture is the new flagship program of OMCT, with its launch anticipated in June 2025. I think it is the tool we have been lacking for years, and a tool all actors working against torture can benefit from. It combines reliable data with often-overlooked narratives to make the hidden reality of torture visible. This index will allow us to measure its scope, its impact on society, and advocate for political and legal reforms. It will help identify risks and develop effective anti-torture strategies. This index is not only an OMCT tool but a collective resource to support the efforts of network members towards concrete reforms and the prevention of torture.

Why is the Global Week on Torture important and what can people expect?

Four years ago, we held the first ever Global Week Against Torture, and we saw the power and energy that such a week can create. Many of us, especially those of our members working in very complicated dire situation, often feel alone. It offers a unique opportunity to share experiences, best practices and to learn from each other and to stand in solidarity across countries and regions. The Global Week all makes us feel and understand that we are united in a struggle and reflect that the real force of the OMCT is in its SOS Torture Network.

How will the SOS Defenders platform and the SOS Database help serve human rights defenders?

One of the most important achievements in 2024 has been the launch of the SOS Defenders platform. The platform gives a face to more than 400 human rights defenders that are currently imprisoned because they stood up for human rights. We don’t forget them. We want to demonstrate to governments that the detention of these defenders is an attack on democracy and freedom, and we need to make states who support human rights understand that this is the moment to step up in their actions. OMCT, along with its SOS Torture Network must raise the alarm bells and act to protect from torture and ill-treatment in detention.

https://www.omct.org/en/resources/blog/%C3%A0-lhorizon-2025-le-secr%C3%A9taire-g%C3%A9n%C3%A9ral-de-lomct-sur-lavenir-des-droits-de-lhomme

Syrian human rights defender Mazen al-Hamada found dead in Sednaya prison

December 13, 2024

If the world knew about the extent of the brutality of Assad’s regime against its own people, it was in part because of Mazen, an activist who was an outspoken critic of the regime. On Sunday 8 December 2024, his body was found in the notorious “slaughterhouse”, Seydnaya prison in Damascus. It bore signs of horrific torture. A doctor who examined it told the BBC he had fractures, burn marks and contusions all over his body, allegations corroborated by Mazen’s family.

“It’s impossible to count the wounds on his body. His face was smashed and his nose was broken,” his sister Lamyaa said.

A protester when the uprising in Syria began in 2011, Mazen Al-Hamada was arrested and tortured. Released in 2013, he was given asylum in the Netherlands. He began to speak openly about what he was subjected to in prison. In the documentary Syria’s Disappeared by Afshar Films, Mazen describes how he was raped, his genitals clamped, and how his ribs were broken by a guard jumping on his chest over and over again.

While in asylum, Mazen’s nephew Jad Al-Hamada says he began suffering from severe depression and other mental health issues. …In 2020, he decided to return to Syria.

“The government told him he had a deal and that he would be safe. He was also told that his family would be arrested and killed if he didn’t return,” Lamyaa said. He was arrested as soon as he arrived in the country. And his family believes he was killed after rebels took Hama last week, shortly before the regime fell.

Ruth Michaelson in the Guardian of 10 December 2024 adds

Hamada was detained and tortured alongside tens of thousands of people after the 2011 uprising against Assad’s rule. “Mazen had endured torture so cruel, so unimaginable, that his retellings carried an almost otherworldly weight. When he spoke, it was as if he stared into the face of death itself, pleading with the angel of mortality for just a little more time,wrote Hamada’s friend, the photographer and director Sakir Khader. He “became one of the most important witnesses against Assad’s regime”, he said.

The Syrian network for human rights (SNHR) recorded 15,102 deaths caused by torture in prisons run by the regime between March 2011 and July this year. It said 100,000 more people were missing and thought to be detained, and some might be found now that prison populations have been set free.

Fadel Abdulghany, the head of SNHR, which tracks people who have been “forcibly disappeared”, broke down on live television this week as he said that all 100,000 people had probably “died under torture” in prison.

Hamada was released in 2013 and granted asylum in the Netherlands in 2014, after which he began touring western capitals, bringing audiences to tears as he showed them his scars and described what he had endured at the hands of the Syrian authorities. Then, in a decision that terrified and confused his friends and rippled through the community of dissident exiles, Hamada disappeared in early 2020 after seemingly deciding to return to Syria.

That someone who had experienced the worst of Syria’s torture chambers would choose to return led many to believe he was enticed to do by elements of Assad’s regime to prevent him from speaking out.

Rebel forces said they found 40 corpses piled in the morgue at Sednaya showing signs of torture, with an image circulating online showing Hamada among them.

The discovery of his body indicated he was probably killed shortly before prison inmates were liberated by insurgents. Khader described his friend’s suffering as “the unimaginable agony of a man who had risen from the dead to fight again, only to be condemned to a slow death in the west”.

https://www.theguardian.com/global-development/2024/dec/10/syrian-activist-who-symbolised-assad-brutality-found-dead-in-sednaya-prison

https://www.bbc.com/news/articles/c89xgke2x7lo

What the World Organisation Against Torture (OMCT) does

July 30, 2024

Civil society actors across the world frequently operate in challenging or hostile environments in their efforts to defend human rights. The World Organisation Against Torture (OMCT) supports members of the SOS-Torture network, along with local actors, working to end torture and impunity and to support the rehabilitation of victims. We provide support by:

  • Engaging in joint activities and campaigns.
  • Sharing expertise and capacity-building opportunities.
  • Providing financial support to local actors, individuals, organisations, and initiatives, primarily outside the European Union.

This assistance enables them to carry out their crucial work in defending human rights and ending torture.

Our activities in support of the human rights movement are made possible by the generous contributions of our donors.

United Against Torture

Support to local anti-torture organisations

How to apply

Support to victims of torture

How to apply

Support to victims of torture in Tunisia

How to apply

Protecting Human Rights Defenders

Emergency support for human rights defenders at risk

How to apply

Institutional support for local organisations at risk

How to apply

https://www.omct.org/en/what-we-do/material-support

Torture victim Damian Gallardo from Mexico speaks out

January 19, 2024

More than 10 years ago, in May 2013, Damian Gallardo from Oaxaca, Mexico, was arbitrarily detained, disappeared, and tortured. He was eventually released but lodged a complaint with the UN Committee against Torture, who reviewed Gallardo’s case and adopted an unprecedented decision stating that, in fact, Gallardo had been tortured.

In a decision published on 14 December 2021 the UN anti-torture body found that Damián Gallardo Martínez, a teacher and campaigner for education and indigenous people’s rights, was a victim of torture in Mexico, in violation of Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The Committee also requested that Mexico provide Gallardo Martínez with full compensation, make a public apology to the complainants, and widely disseminate the Committee’s decision through a daily newspaper with a large circulation in the state of Oaxaca.

On 18 January 2024, UN Human Rights published the above video clip.

https://www.ohchr.org/en/2022/01/mexico-detention-and-torture-human-rights-defender-highlights-criminalization-legitimate

https://www.frontlinedefenders.org/en/case/case-history-damian-gallardo-martinez

Rafto Prize 2022 to Nodjigoto Charbonnel of Chad

September 22, 2022

The Rafto Prize 2022 is awarded to Nodjigoto Charbonnel and his organization Association Jeunesse pour la Paix et la Non-Violence (AJPNV), “Youth for peace”, for their courageous struggle to abolish torture in Chad as well as internationally. In the context of authoritarianism, terrorism, war on terror and institutionalized violence, and at great personal risk, Charbonnel and his team assist survivors in rebuilding their lives after torture, and advocate the protection of human rights, and the prevention
of torture and sexual violence by providing human rights education for youth and civil society.

For more on this award and its laureates, see: https://www.trueheroesfilms.org/thedigest/awards/A5043D5E-68F5-43DF-B84D-C9EF21976B18.
Since the year 2000, AJPNV has conducted programs for the rehabilitation of victims of torture, the promotion of peace and non-violence and the prevention of torture in Chad. The need is overwhelming: in 2021, the organization treated 575 torture survivors. AJPNV provides medical, psychological, and legal support, free of charge, to victims of torture and sexual violence to reduce its somatic, psychological, and social harm. They assist the reintegration of victims of sexual violence through vocational training and prevent torture through education on the effects of torture on the individual and on the society.

Nodjigoto Charbonnel became familiar with the long-term harm and suffering caused by torture after his father survived mistreatment by state authorities. This experience motivated Charbonnel to found AJPNV. For 8 years he worked as an engineer at an international oil and gas production company, but in 2012 they terminated his contract because of his human rights work.
Charbonnel serves as the Sub-Saharan Africa Council member of the International Rehabilitation
Council for Torture Victims and as a regional leader of the Global Human Rights Project. Due to his work, Charbonnel has been detained and imprisoned three times. He and his family have also suffered harassment by state agents. Despite the political repression, Charbonnel and his AJPNV team maintain a clear voice for the victims of torture and sexual violence: “We reaffirm our commitment to shed light on those who commit torture, to expose their violation, to prevent future acts of torture, to ensure justice

https://www.rafto.no/en/news/raftoprisen-til-nodjigoto-charbonnel

see also: https://www.hrw.org/news/2022/09/23/chad-security-force-abuse-amid-national-dialogue

Turkey’s unsuitable candidate for the UN Human Rights Committee

May 18, 2022

Abdullah Bozkurt in the Nordic Monitor of 18 May 2022 points out that Turkey is nominating an unsuitable candidate for membership on the UN Human Rights Committee.

Turkey nominates human rights abuser to UN Human Rights Committee

Turkish President Recep Tayyip Erdoğan has nominated a person with a poor human rights record for membership on the UN Human Rights Committee. According to UN documents Hacı Ali Açıkgül, head of the human rights department at Turkey’s Justice Ministry since 2015, was officially nominated to become one of nine new members of the Human Rights Committee.

Açıkgül, a loyalist and partisan official in the Erdoğan regime, hushed up cases of torture and abuse in Turkey’s detention and prison facilities where many people, including journalists, human rights defenders and activists, were subjected to harsh treatment.

The widespread and systematic practice of torture and abuse is approved by the Erdoğan government as part of an intimidation campaign to silence critical and independent voices in Turkey. Complaints of rights abuse fell on deaf ears, while officials who were involved in ill-treatment and torture were granted impunity.

He issued opinions to challenge complaints filed by victims with the Constitutional Court on violation of fundamental human rights and secretly and illegally coordinated with judges and prosecutors to ensure the continuous imprisonment of government critics. He defended the Erdoğan government in cases brought to the European Court of Human Rights.

Açıkgül used his position in the department not only to bury torture and abuse allegations and complaints, but also helped whitewash them when queried by organizations such as the Council of Europe.

Shocking case of refoulement from Spain

March 31, 2022

On 30 March 2022, Statewatch along with 13 other human rights organisations condemned the deportation from Spain to Algeria of Mohamed Benhalima, a human rights activist who faces a serious risk of torture and other ill-treatment in the North African state.

The organisations strongly condemn the deportation by Spain of Algerian activist Mohamed Benhalima, in the evening of 24 March 2022, despite the risks of torture and serious human rights violations he faces in Algeria, and therefore in blatant violation of Spain’s international obligations on non-refoulement. The authorities had been made aware, through civil society and legal appeals, that Mr Benhalima faces a high risk of torture, arbitrary detention and unfair trial in Algeria, where such violations are increasingly common against prisoners of opinion and peaceful activists.

Mohamed Benhalima is an Algerian citizen and a former Army corporal turned whistleblower, who exposed corruption among Algeria’s high-ranking military officials in 2019. He left Algeria after receiving information that his name was on a list of wanted military officials at risk of detention by the Algerian army for their participation in the Hirak, a mass pro-democracy protest movement.

He sought asylum in Spain on 18 February 2020 and again on 18 March 2022; Spain refused him asylum both times. On 14 March 2022, authorities opened an administrative file of expulsion for infringement of Art. 54.1.a. of Immigration Law 4/2000, alleging that Mr. Benhalima took part in “activities contrary to public security or which may be harmful for Spanish relationships with foreign states”.

Spanish authorities justified the opening of an expulsion file based on Mr. Benhalima’s alleged association with political opposition group Rachad, which was listed as a terrorist group by Algeria on 6 February 2022. Spanish authorities claimed that Rachad’s objective was to infiltrate radical youth into Algerian society to protest against the Algerian government, and concluded that the activist was a member of a terrorist group.

Authorities did not provide any proof of violent action or speech or any other action taken by the activist that would fall under a definition of terrorism in accordance with the definition proposed by the UN Special Rapporteur on the protection of human rights while countering terrorism. Authorities also do not appear to have considered a context in which Algerian authorities have been increasingly levelling bogus terrorism and state security charges against peaceful activists, human rights defenders and journalists since April 2021. On 27 December 2021, UN Special Procedures warned that the definition of terrorism in the Algerian Penal Code was too imprecise and undermined fundamental rights. They stated that the procedure for registration on the national terrorist list did not comply with international human rights standards and expressed concern that it could give rise to abuse.

On 24 March around 7pm, Mr. Benhalima’s lawyers were notified of the resolution of expulsion and promptly filed a request for an interim suspensive measure at the National Court of Spain, which was rejected; however, it was revealed later that the activist was already on his way to Algeria at the time.

On 21 March 2022, the UN High Commissioner for Refugees (UNHCR) submitted a non-public report to the Spanish government stating that Mr. Benhalima’s asylum request should be studied thoroughly in a regular procedure and not rejected expediently, arguing that the fear of torture was credible and that Algeria’s criminalisation of peaceful opposition was internationally recognised.

On 27 March, Benhalima appeared in a video broadcasted on Ennahar TV, in which he “confesses” to the crimes of conspiracy against the state, and states that he was not treated badly in custody. However, the undersigned organisations call into question the reliability of such statements which might be the result of duress. In addition, Benhalima had himself released a video from the retention centre in Valencia, before his deportation to Algeria, in which he warns that such videos would not be genuine and would show that he “was subjected to severe torture at the hands of intelligence services.”

In January and March 2021, in Algeria, Mohamed Benhalima was sentenced in absentia to a total of 20 years in prison for charges including “participation in a terrorist group” (Article 87bis 3 of the Penal Code) and “publishing fake news undermining national unity” (Art.196 bis) among other charges. The overly broad formulation of both articles has been used by Algeria repeatedly to criminalise fundamental freedoms. In one of the verdicts, issued on 9 March 2021, the judge sentenced Benhalima to 10 years in prison for his online publications, including videos exposing corruption in the army, a form of peaceful expression, which is protected under the right to freedom of expression.

Spanish authorities additionally motivated the expulsion based on Mr. Benhalima’s close relationship with Mohamed Abdellah, another Algerian whistleblower and former member of the military, who also sought refuge in Spain in April 2019 and was forcibly returned on 21 August 2021 using Art. 54.1.a. of Law 4/2000, in similar circumstances and for the same motives.

Mohamed Abdellah, currently detained in the military prison of Blida, stated in court on 2 January 2022 that he had been subjected to various forms of torture and ill-treatment upon his return to Algeria, including prolonged solitary confinement in a cell with no light and physical abuse, according to a witness who attended the hearing. He was also deprived of access to a lawyer.

Despite the strong similarities between both cases providing a compelling precedent about the actual risk of torture and ill treatment of activists and whistleblowers, notably former members of the military, in Algeria, the Spanish government showed its determination to forcibly return someone where their physical and psychological integrity was not guaranteed. In doing so, Spain flouted critical international law obligations under which nobody should be returned to a country where they would be in danger of suffering torture or other cruel, inhuman or degrading treatment.

Signatures

  • MENA Rights Group
  • Justitia Center for legal protection of human rights in Algeria
  • World Organisation Against Torture
  • Red Jurídica
  • CIHRS
  • Amnesty International
  • Irídia, Center for Human Rights
  • Collectif des familles de disparus en Algérie
  • Al Karama
  • Statewatch
  • Spanish Commission for Refugees – CEAR
  • Euromed Rights
  • Alianza
  • ActionAid

https://www.statewatch.org/news/2022/march/spain-forsakes-international-obligations-in-appalling-refoulement-of-algerian-whistleblower/

https://www.aljazeera.com/features/2022/4/6/rights-defenders-slam-spains-deportation-of-algerian-dissident

New Interpol President faces torture complaint from Ahmed Mansoor

January 19, 2022

On 18 January 2022 the Guardian reported on a legal move against Ahmed Nasser al-Raisi made by the lawyer of human rights defender Ahmed Mansour, jailed in the UAE

Maj Gen Ahmed Nasser al-Raisi was elected in November to a four-year term as head of Interpol. See: https://humanrightsdefenders.blog/2021/11/16/interpol-uae-major-general-and-chinese-public-security-official-are-not-good-candidates-for-interpol/.

William Bourdon, a lawyer for the Emirati human rights defender and blogger Ahmed Mansour, said he filed the complaint against al-Raisi in a Paris court under the principle of universal jurisdiction. Mansour, a laureate of the MEA, is serving a 10-year sentence in the UAE for charges of “insulting the status and prestige of the UAE” and its leaders in social media posts. See: https://www.trueheroesfilms.org/thedigest/laureates/074ACCD4-A327-4A21-B056-440C4C378A1A

Separately, lawyers for two Britons who had accused al-Raisi of torture filed a criminal complaint Tuesday with investigative judges of the specialised judicial unit for crimes against humanity and war crimes of the Paris Tribunal.

Al-Raisi was elected for a four-year term as Interpol president in November. He has been accused by human rights groups of involvement in torture and arbitrary detentions in the UAE.

Al-Raisi announced his trip to the Lyon headquarters in a Twitter post on Monday, saying: “with the start of the new year, I begin today my first visit to Lyon, France, as the president of Interpol”. Interpol secretary general Jurgen Stock welcomed al-Raisi “on his first official visit as president” in his own Twitter post. “Al-Raisi’s presence on French territory triggers the universal jurisdiction of French courts and immunity can not be invoked,” said Rodney Dixon, a lawyer for the two Britons, Matthew Hedges and Ali Issa Ahmad.

Hedges, a doctoral student, was imprisoned in the UAE for nearly seven months in 2018 on spying charges and said he had been subjected to torture and months of solitary confinement. Ahmad, a football fan, says he was tortured by the UAE security agency during the 2019 Asia Cup.

They filed a torture complaint against al-Raisi with the prosecutors of the Paris Tribunal in October. That complaint is pending, Dixon said. The criminal complaint that was filed on Tuesday directly with the judges of the tribunal – with al-Raisi on French territory – means that the French judges “should immediately open an investigation into claims against him,” Dixon said. See also: https://humanrightsdefenders.blog/2022/01/17/ground-breaking-conviction-of-syrian-torturer-in-germany/

“According to French law, an open investigation could lead to al-Raisi’s detention for questioning while he is on French territory, either now or whenever he returns,” Dixon said.

It was not clear how long al-Raisi would remain in Lyon. Interpol officials did not respond to phone calls or emails by the Associated Press asking about his whereabouts on Tuesday.

https://www.theguardian.com/world/2022/jan/18/torture-complaint-filed-against-new-president-of-interpol

Ground breaking conviction of Syrian torturer in Germany

January 17, 2022
Group of framed portraits
Photos of Syrians who have been detained or disappeared set up by Families for Freedom, as part of a protest in front of the court in Koblenz, July 2, 2020. © 2020 Alexander Suttor

The conviction of a former Syrian intelligence officer for crimes against humanity by a German court is a ground-breaking step toward justice for serious crimes in Syria, Human Rights Watch said today. The judgment is a meaningful moment for civilians who survived torture and sexual abuse in Syria’s prisons.  

On January 13, 2022, a German court delivered its judgment in the trial of Anwar R., a former member of Syria’s General Intelligence Directorate, one of the country’s four main intelligence agencies commonly referred to collectively as the mukhabarat. Anwar R. is the most senior former Syrian government official to be convicted for serious crimes in Syria.  

German prosecutors accused Anwar R. of overseeing the torture of detainees in his capacity as head of the investigations section at the General Intelligence Directorate’s al-Khatib detention facility in Damascus, also known as “Branch 251.” 

The judges found Anwar R. guilty of committing crimes against humanity and sentenced him to life in prison. Following the verdict in the case, Anwar R. has one week to appeal.  

More than 10 years after the violations were committed in Syria, the German court’s verdict is a long-awaited beacon of hope that justice can and will in the end prevail,” said Balkees Jarrah, associate international justice director at Human Rights Watch. “Other countries should follow Germany’s lead, and actively bolster efforts to prosecute serious crimes in Syria.”  

Human Rights Watch issued a question and answer document and a feature article on the trial and how it is situated in the larger context of the Syrian conflict on January 6, 2022. The trial against Anwar R. and Eyad A., who was found guilty of aiding and abetting crimes against humanity in February, began in April 2020 and was the first anywhere in the world for state-sponsored torture in Syria. Eyad A.’s appeal against his conviction remains pending. 

Syrian survivors, lawyers, and activists have been central to making this trial a reality, not only pressing for justice but laying the groundwork that makes justice possible, Human Rights Watch said.  

More than 80 witnesses testified, including former detainees, former Syrian government employees, German police investigators, and experts in Syrian affairs. The testimony included well-documented accounts of torture and sexual abuse in Branch 251, descriptions of mass graves, and details of Syria’s government policy to violently crack down on peaceful protesters in 2011. Several of the witnesses were able to identify Anwar R. in the courtroom.  

One of the major challenges of this trial was witness protection. Several witnesses living in Germany and other European countries cancelled their appearance in court out of fear for their lives and safety, or that of their families. Several witnesses, some who were also victims, testified that they feared a risk to themselves and their families given their role in the trial. German authorities should ensure that witnesses and victims are sufficiently informed about their rights to protective measures, including to appear anonymously before the court. 

Tens-of-thousands of people have been detained or disappeared in Syria since 2011, the vast majority by government forces using an extensive network of detention facilities throughout the country. The Syrian government continues to detain and forcibly disappear thousands of people. 

Many of those detained have died from torture and horrific detention conditions. Comprehensive justice for these and other unchecked atrocities in Syria has been elusive. Syria is not a member of the International Criminal Court. And in 2014, Russia and China blocked efforts at the United Nations Security Council to give the court a mandate over serious crimes in Syria. 

The trial of Anwar R. and Eyad A. is possible because Germany’s laws recognize universal jurisdiction over certain of the most serious crimes under international law. That allows for the investigation and prosecution of these crimes no matter where they were committed and regardless of the nationality of the suspects or victims. Universal jurisdiction remains one of the few viable pathways to justice for crimes committed in Syria.  

Germany has several elements in place to allow for the successful investigation and prosecution of grave crimes in Syria. It has above all a comprehensive legal framework, well-functioning specialized war crimes units, and previous experience with prosecuting such crimes. Countries with universal jurisdiction laws should establish specialized war crimes units within law enforcement and prosecution services, and ensure that such units are adequately resourced and staffed. 

Germany’s trial against Anwar R. is a message to the Syrian authorities that no one is beyond the reach of justice,” Jarrah said. “The Koblenz case has shown that with other avenues blocked, national courts can play a critical role in combating impunity.” 

The first such reaction came immediately, see: https://www.ncr-iran.org/en/news/human-rights/after-german-conviction-of-syrian-official-focus-may-turn-to-swedish-trial-of-iranian/

https://www.hrw.org/news/2022/01/13/germany-conviction-state-torture-syria

https://www.fidh.org/en/region/north-africa-middle-east/syria/syria-landmark-ruling-offers-hope-to-regime-s-victims

https://www.ecchr.eu/en/case/first-criminal-trial-worldwide-on-torture-in-syria-before-a-german-court/