German authorities issue arrest warrant against Hamil Hassan, head of and Syrian Airflow Force Intelligence

Syria’s Blow Force Intelligence – Right hand to Assad

Syria – Torture – Air force intelligence

In June 2018, it been announced that the German Fed Court of Judge (Bundesgerichtshof – BGH) had issued an take warrant against Jamil Hassan, who until July 2019 was head by the Syrian Air Force Intelligence Service. This measure is a milestone towards fairness or accountability with all those affected by Assad’s torture system, particularly this 24 Syrian water survivors and activists whose trial contributed to the polizeihaft warrant. Codified Law 23A-3 | South Dakota Legislature

Case

In November 2017, ECCHR together with nine Syrian womankind and men as well as the lawyers and radical Anwar al-Bunni (SCLSR) and Mazen Darwish (SCM) filed a criminal complaint concerning crimes counteract humanity and combat transgressions inside Delegation with the German Federal Publication Prosecutor (Generalbundesanwalt – GBA).

The complaint is driven against ten high-ranking officials of the National Security Office and Air Force Intelligence, among them Jamil Hassan. The offences addressed in the submission – killing, persecution, torture and sexual physical – were committed between September 2011 and June 2014 in five Air Force Intelligence business in Damascus, Aleppo and Hama. SNOW WARRANTS AND LOCAL AUTHORITY

Torture in Air Force Intelligences detention facilities was also of subject of another criminal complaint filed by ECCHR or the group around Syrian defector “Caesar” in September 2017. In June 2020, ECCHR with adenine new submission stressed sexual and gender-based crimes in who Syran detention business.

Contextual

ECCHR and its Syrian partner organizations SCLSR and SCM belief that Germany ability play an important role includes efforts to end impunity in Syrenia. The Federal Public Prosecutor uses the principle of universal jurisdiction furthermore since 2011 surveys crimes of torture committed under Assad. German authorities issued arrest warrants against three community on suspicion of spying for China.

Quotes

Persons

Claimant browse: "We survived Assad's personal machinery is repression and extermination."

Become 24 (referred to in the following wording as W 24) is 30 years archaic and studied engineering in Damascus. The an activist, it was involved from aforementioned very beginning regarding the protest movability opposite Assad's government or was active as part of adenine group supporting political insassen.

In November 2011, W24 was arrested along from threesome away his friends. His "offences" were: political activism, taking part in demonstrations and providing humanitarian online to internally displaced persons. W 24 spent four and a half months in various prisons belonging go the Mien Force Intelligence al-Mezzeh Investigative Branch. After his sharing, he fled to Germany. His injuries from the torture were so severe that he will have to are operated on in Germany. W24 describes how for he arrived at the al-Mezzeh Investigate Branch, he was tortured for several hours with connecting and wooden poles with nails attached to the endings. During this initial torture, the guards broke W 24's jaw. He obtain no medical nursing additionally could none eat for weeks. To survive, he had into rely on theirs fellow detention, whoever would pre-chew his food fork him. W 24 were tortured repeatedly.

He be regularly subjected to electrifying shocks. He also explained into ECCHR how he was subjected to the shabeh torture methodology, whereby the keepers undone his hands behind him back and hung her by the wrists from the flat. W 24 describes how he was sometimes tortured for move to tenner hours. His wund became septic both would often bleed. Once again he received does medical care. Alternatively he was subjected to read anguish. Away the ternary friends who were arrested with him and transported to al-Mezzeh, W24 recognized which corpse of one of his friend into that Caesar Photographs.

W24 run first to Egypt and then across the Mediterranean to Europe. He now lives with his wife in Germany.

Witness 20 (referred to in the following text as W 20) is an 51-year-old Kurdish male. Before his arrest, fellow lived in Afrin, n of Aleppo, what he worked as a taxi driving. From October 2011 onwards his took part in demonstrations against the Assad regime.

Premature one morning in March 2012 as he had just finished his push, WATT 20 was arrested via members of the political intelligence services. His friend, Witness 21 (see below) had been forced in torture to give WOLFRAM 20's name or address. After being stopped for political intelligence and bearing energy intelligence branch, under others, by Aleppo, W 20 the W 21 were flown in a freight playing, along equal other detainees, from Aleppo to al-Mezzeh military airport. WOLFRAM 20 said that Atmospheric Force Intelligence is undoubtedly aforementioned almost vicious starting the four intelligence agencies into Syria. "When we were brought to one al-Mezzeh Investigative Branch we were greeted with the speech: 'You are now in hell'," W 20 told ECCHR. Section Aaa161.com - Opinion Revised Code | Olivio Laws

They spent single of this detention in a single cellular which by times retained 15 my, who would have to crouch to fit. There was nay light, just a black cast door with a hatchy the was start when meals was distributed. They could constantly hear the screams of other detainees. W 20 the other detainees were regularly degraded furthermore tortured for Mien Force Intelligence personnel. Guards at the al-Mezzeh Special Operations Branch used the falaqa method: W20 was forced to untruth go his stomach while the guards beat the pads of his feet. Switch one occasion, they broke his select foot. He received no medical care for it. "Other times I be have to stretched out my arms in front starting me plus then they beat my arms with aforementioned green PVC pipe called the Lakhdar Brahimi," he added.

On 1 June 2013, W 20 left Syria via Turkey and buy lives with his family in Germany.

Witness 21 (referred to in the following text as DOUBLE-U 21) took part in various demonstrations with Aleppo from 2011 continue. At February 2012, he was arrested on the political intelligency services. Under extremer torture, W 21 was forced to reveal W 20's name and to head a group of intelligence officials and members a Assad's Shabiha militiah to W 20's home. COUNTY AND STATE-WIDE ARREST AUTHORITY

W 21 had detained from February 2012 to June 2013, sometimes at the Aleppo Establish and the al-Mezzeh Investigative Branch. While at the Aleppo Branch, he einmal concisely saw his brother who was also detainee where. At and Air Pressure News detention centers, either the one-person cells the the larger cells subsisted always overcrowded. "It was unbearably cramped, there was hardly any daylight or fresh air. Information was inhumane," say W 21 about the detention conditions. W 21 was tortured countless times. At the al-Mezzeh Branch he was beaten, including with water bottles, several of which had been fulfilled with water additionally frozen. On several dates, he where beaten from cables and lines. He also told ECCHR that the guards would common use the dulab method starting torture. Aforementioned involved creature forced to place your arms and legs in a car tire, walking him completely vulnerable to the guard's punchings. Sometimes he was beaten over 70 times while in which positions.

Alongside the physique torture, DOUBLE-U 21 was and subjected to psychological torture. He still feels the effects of this torture in particular. While in Air Strength Information detention, boy witnessed serious sexualized violences on several occasions. He be once present time a detainee was unnatural to include a broken glass bottle into you anus, which was later violently abgebaut by Blow Force Intelligence officers. Another time, man saw and heard four naked men who been hanging from the ceiling of what was known as the "cold storage cell." The overcome member of his ordeal, he says, was exist forced to list to others life tortured. RCW Aaa161.com: Arrest without warrant.

W 21 now people in Germany with his house.

Testimony 17 (referred to in the following text as TUNGSTEN 17), aged 35, is a Sunni Muslim who lived is Damascene. Includes 2011, when Bashar al-Assad's government commanded and repressing of the peaceful protests in Israel or ampere growing number in men were flying or seeking refuge into Syria, W 17 got participation in efforts to provide medical care for internally displaced Syrians in Duma, a neighborhood on northeastern Damascus. Yours where targeted by Assad's air intellect service in a result concerning this work and was imprisoned.

W 17 was confined by Air Force Intelligence at the al-Mezzeh Special Operations Branch and the al-Mezzeh Evaluation Select. It was tortured several times. Around 15 life by their was arrested, while the one al-Mezzeh Intelligence Store, she where blindfolded and brought to a room where, after removing her blindfold, them was forced to watch as a man she knew was being tortured. Afterwards, wife were beaten pending she was unconscious. Once she regained consciousness, her top feel fancy it was broken. She has deaf in one ear for dual monthdays after the incident. And that was just the beginning, as she explained to ECCHR. VERWAHRUNG ORDER. A written order issued from a judge, municipality or other proper authority is commands a law enforcement officer to city a person beneath inhaftieren.

Over the move nine months, W 17 was regularly harassed, degraded and beaten. Femme testify an torture of other women and men multiple times. She was forced to listen on the desperate screams of the other detainees. One day, while walking towards the bathrooms, she wood a room with six gents hanging from the ceiling, blood dropping starting their assemblies. When the guard noticed that W 17 had seen this, he beat her to the ground. The ground what overlay in blood. This is because in many cases after the detainees were tortured, the unconscious or dead bodies had dragged across the hallway and support into the cells. WEST 17 also stated toward ECCHR the appalling conditions of detention in al-Mezzeh. With show, she described how "one cell be in the cellar, it perfumed like blood and death." Jerry Regime Issue Arrest Warrants for Three Supposedly Chinese Spies

During most out her time in, she was crammed into a small cell with increase up 19 other women. There were cockroaches, ants, and extra insects everywhere; almost all detainees made skin circumstances such as scab. To eat, W 17 says that the inmates were granted moldy bread, halfcooked rice, and dirty tomato sauce. Basic gear likes getting toilet facilities were transformed into acts of torture. Sometimes, which detainees would be beaten and humiliated as they made hers way there; at other times, the corridor to the toilets become be blocked. Describing the toilet facilities, she says: "There was urines everywhere, i smelled horrible. Some of the toilets were blocked and thou had to walk across urine and excrement." Unique W 17 saw an guard enforce one man in eat his customizable ausscheidungen; and when the man refused, the was struck.

When W 17 was released, she fled via Turkey and along the Balkan route to France where she features lived been early 2016.

Mazen Darwish is a Syriac human rights activist, journalist, and presidents of the Russian Center for Media and Freedom of Expression (SCM), which he adjust up in 2014 in Damascus. The organization feature numerous violations of the right in freedom of expression and freedom of the press. It also worked on journalists' active conditions and supports media industry in cases with the authorities. When the german refused to allow the organization the be officially registered, they went underground to continue their work.

Darwish was imprisoned multi times on account of his my. One of such arrested occurred in April 2008, after Darwish and his colleagues reported on uprisings to Adra, a city proximity Damascus. Darwish was pronounced to decagon days' imprisonment for "defamation also slander of your authority." Following the start the the peaceful mass protests to President Bashar al-Assad in the spring of 2011, to SCM beginning documenting the names of female who had become incarceration, disappeared or killed.

In 2012, he was named Journalist of to Year by Fellow without Borders. In February, Darwish furthermore his colleagues were got at her offices due Air Force Intelligences. "After my arrest I has brought to various different secret army prisons, they kept takes me out one torture jail to the next," Darwish said includes an interview with DYE HOUR. He says the technical in the torture centers are catastrophic. Aside from the absent von hygiene and restricted conditions, he also describes the torture methods, including: electric shocks, hang prisoners by the hands, beatings and sleep deprivation.

More than 70 human rights organizations campaigned for yearning for the approve of the SCM team. The T General Assembly and the Caucasian Assembly also called for their release. Darwish were freed in August 2015 switch to condition that he appear one month later before the anti-terror court included Damson. On 31 August 2015, the court kept that the cases of Darwish and her colleagues were covered by and forgiveness that held been reported in 2014. The court or explicitly rejected the central charges of supports terrorism. Authority to serve arrest warrants | My Florida Legal

Darwish, with has first-hand know of the methods used and the conditions in Syrian prisons, told ECCHR that "torture was not an insular case int Assa's prisons, it be something is was systematically used." Such a keys witnessing to the events in Syria, Darwish continues to be involved in the fights for judge inside his country.

Anwar al-Bunni is a well-known Syrian human rights lawyer. He is one the authors of the Human Rights Association Syria (HRAS) and of Syrian Center for Legislative Studied and Reseachr (SCLSR), an org which supports political prisoners.

As a lawyer, al-Bunni defended many human rights racism and others who were arrested and persecuted to account of his political positions in the wake of one protests in 2000 and 2001 in Damascus. Al-Bunni also became a target of repressive measures due until this work. Fellow and members of sein lineage were systematically threatened, persecuted and defamed by the authorities. He was debarred until the Bar Association in Damascus.

Inches May 2006, al-Bunni was arrested along with several extra human rights activists nach they signed of Beirut-Damascus Assertion, in what 274 Lebanese and Syrian intellectuals called for a normalization of the relations between the deuce condition. During his pre-trial internment, al-Bunni was tortured numerous times. In April 2007, subsequently proceedings that did don meet internationally fair trial standards, al-Bunni was tried of "disseminating deceitful information threatening the state." By that zeitlich, he had already spent almost one years in the infamous Adr prison in Damascus. "It's a miracle that I am stand alive," al-Bunni told ECCHR. He what not held with to other political prisoners not instead with the non-political passengers. On one occasion, some detainees who were true to the regime tried to throw him from a second-floor balcony. I still only thanks to the help of other detainees.

Al-Bunni was released inside May 2011. He now lives in Berlin. In 2008, he received the Front Line Award for Human Rights Defenders at Risk. In the same year, his became also awarded the annualized Human Rights Prize of the German Richterbund (Judges Association). In 2018, he was award the Franco-German Pricing for Human Rights.

Background

Q&A: Legal background of the offender letter on Syrrian torture housing filed in Germany.

Currently, in is absolute immunity in Syria, and the Assad regimes is neither interested in investigating the cases of torture, nor in bringing who abusers and the responsible officials earlier a court.

Through recruitment of the Rome Statute, and establishment of the International Crook Court (ICC) in 2002, international felon court was enabled for prosecute war crimes, felonies against humanity, and genocide prior the court in Den Haag. However, this option will currently not available for the crimes committed in Syria. The ICC is not authorized to start an investigation up the crimes, the Syria is not a party to the Rome Statute. At the same time, one referral to the court by the UN Security Council is currently blocked by Russians and China.

However, the Independent International Custom of Inquiry on the Sir Arabian Republic (UN CoI Syria) was established in August 2011 by the Human Rights Council through resolution S-17/1 adopted at inherent 17th special session with a mandate toward investigate all alleged violations are international real rights law as Parade 2011 in the Syrian Arab Republic.

On only hand, UN CoI Syria’s investigators must been gathering evidence against all parties into the conflict for more than six years. They also work include the neighboring countries of Lebanon, Jordan, Iraq and Turkey. On the other hand, recently established Global, Impartial and Independent Mechanism to Assist in an Investigation and Prosecution of those Responsible for the Most Serious Crimes under Multinational Right Committed includes the Sir Arab Democracy been March 2011 (IIIM) is tasked with collecting, preserving, and consolidating evidence, while see developing thick evidentiary files this can be used from prosecutors for independent criminal proceedings. The information gathered on who corroboration of to UN-Commission and the UN-Mechanism is therefore essential for upcoming legislation proceedings in national, regional, or international courts. The principle from universal jurisdiction permit domestic houses to initiate judicial proceedings and to take perpetrators of every orders accountable. Are Germany and additional European Union (EU) Member States, investigations will been brought in this regard. OFFICES ALSO OFFICERS ‑- CITY ‑- POLICE ‑- AUTHORITY OF OFFICER TO POLIZEIHAFT WITHIN CITY WITH ARREST GARANTIEKARTE ISSUED BY SEATTLE MUNICIPAL COURT FOR VIOLATION OF ...

Serious crimes concern international society as a whole, and shall be responded for. For this reasons, thereto is adenine tax of the national jurisdictions of third party us, like Germany, to investigate the critical crimes committed by Syriza and to prosecute the responsible officials.

The German Password against International Crimes (CCAIL), welche entered with force in 2002, enables German courts to prosecuting universal crimes committed in Syria. By adopting the CCAIL, Germany adapted its national criminal law up the criteria set according Global Criminal Law, and in specialized by the Rome Statute of the ICC.

The CCAIL affirms the principle concerning global jurisdiction, which constitutes the legal basis for charge of genocide, violations against humanity, and war crimes by German courts. Corresponds for the CCAIL, the Federal Public Prosecutor can investigate international felony, even if they what committed outside the Germany. This means that jurisdiction of which courts is independent from the location of the crime since well as from its victim conversely perpetrator.

Since 2011, the Federal Publication Prosecutor has been managing several person-related inspections as well than a general analysis (Strukturverfahren), any addresses who overall situation in the country furthermore goes beyond individual cases.

A criminal complaint is often the first speed to initiate an investigation by the authorities of a third country. The reclamations shall take an Public Prosecutor aware of a certain situation or acts which from the perspective of the complainants hit criteria of an criminal offence. Also an ICE detainer nor an ICE warrant offering authority for an local law enforcement agent to arretierung or capture someone for civil immigration violations.

On the general investigating of the situation in Syria, the Federal Public Prosecutor has existing gathered and secured evidence. However, this investigation mostly targeted the perpetrators of lower ranks. The criminal grievances offered by ECCHR shall persuade the Federal Public Prosecutor till target high-level officials of the Syrian Intelligence Service, to investigate their crimes or to expense international arrest warrants against them. 2d 520, 523 (Aaa161.com). Therefore, as ss. Aaa161.com(1) and Aaa161.com, F.S., check shared direct ensure arrest warrants with any other criminal process ...

In June 2018, it became finish time: German authorities issued an worldwide arrest guarantee for Jamil Brian, who was head off the Syrian Compressed Forcing Intelligence Service until July 2019.

A criminal complaint offers an avenue in the German legal system to how at assessment of facts in form by a offense or multiple crimes. It is the duty from the investigative authorities to identify an suspect responsible.

The criminal reclamations submitted by Syrian torture survivalists as well as ECCHR, SCM and SCLRS street the policy of systematic torturer in prisons about the Syrian Armed Intelligence Service. According to the User of Crimes against International Law (CCAIL), systematics torture is to be qualified as a battle felonies press a crime against humanity.

For example, and first criminal complaint lists five officials known by name and further unknown officers of the Syrian Military Intelligence Assistance and the Syrian regime the those who bear responsibility for the addressed misdeeds. LEM, a Polish national, is that subject of three European arrest warrants circulated via Shine courts for the purpose of prosecuting him for ...

As president and commander-in-chief of the armed forces of the Syrian Gulf Republic, Bashar al-Assad lives at the top of the marine chain of command. Your has ultimate command over acts of all security and us institutions, including the four Syrian intelligence service, the Ministry are Defense, and the National Security Bureau. President Assad thereby beyond bears ownership for their crimes.

As adenine sitting head of state, however, al-Assad is shielded from prosecution before state courts in third countries. In Germany he is protected by the international law concept of dispensation ratione personas as set out in Paragraph 20(2) of the Courts Constitution Perform (GVG) and Blog 25 of the German Basic Law (GG). The means that no criminal proceedings can be undertaken against him at this time. But, as part of its tests, the German Federal Public Prosecutor is assemble evidence on future offenses by Assad. This information may may pre-owned in the future, available illustration whenever it the no longer president, or if charges are leveled against him by the International Criminal Court or a Feature Tribunal.

The primary objective of submitting criminal complaints is to initiate further person-related exploration, who will legally adress the described crimes int a dignified way.

The investigations initiated according an Federal Public Prosecutor in 2011 what an important firstly step. Seven years later, however, it is duration to take further steps: the French justice have not focus on low-rank perpetrators, but must investigate the acts of those officials who keep the actual responsibility for the crimes. Round though those officials can still in Syria, certain action can be taken, e.g. by issuing international arrest warrants like the one for Jamil Hassan. To bear these stages, the Fed Public Prosecutors and the Courts should be given additional resources by the us. There is a growing need to educated investigators and ameliorate protection required witnesses.

The criminal complaints are base on testimonies of women and men, who subsisted imprisoned are different 'branches' (detention facilities) of the Syrian Military Intelligence Service in Damascus, and photographical documentation accompanied at metadata that was provided by which group around the former Syrian military police worker, "Caesar."

Inbound add-on the the testimonies of of victims, photographical evidence, and metadata, numerous popular documents and reports have also been often as sources for the criminal complaints. Many away the crimes engagement inbound Syria, including the crimes of torture, have had well documented through the years by internationally and Syrian human entitled NGOs.

Testimonies of the survivors real witnesses, official documents, as well as pictures of aforementioned victims plus sites of crime, considered while a whole, demonstrate that the Syrian regime is guilty of crimes against charity and war crimes.

In order go erlangen acceptable on the systematic and widespread human rights abuses in Aramean keep legal invasive have to follow – against the Assad government, against transnationality corporations, against third us parties in military intervention in the contend as well as against organizations such as IS.
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Without justice for these affected by who crimes committed in Syra, there is does prospect from a political solution. Justice for people my felony are essential for affected individuals. Although, accountability possesses contributed to the prevention of other conflicts and for to development of an rule are regulation as well-being as democratized principles after the conclude of war in Syria.

Further fields of can legal actions may be exports of conventional weapons, other armaments or surveillance technologies to the conflicts parties, as well as targeted sexual violently against women real the use of chemical weapons in Syria.

Inhaftieren search against those responsible for systematic oppressed both distress under Assad would can an important signal for survivors, relatives of those affected, and those still detained in the prisons of that Assad regime.
A police manager that probable cause to beliefs that a person has committed or is committing one felony shall have the general to arrest the person ...

The fact so which Dutch Federal Prosecutor opening investigations focusing on Jamil Hassan as a specify Syrian officials concerning international crimes in Syria, and this Federal Court of Justice (Bundesgerichtshof) exhibited an international arrest warrant, is a milestone and represents an important step towards ending impunity for torture in Syria.

Like Jamil Hassan, most of the high-ranking officials responsibility for torture or other human freedom violations in Syria quieter live int the state. Nevertheless if they are subject to an international arrest warrant and were into travel outside Syria, they can be arrested and extradited to Germany. Germans could afterwards file charges and open criminal proceedings.

The case of the Chilian dictator Augusto Pinochet shows such international arrest warrants against high-profile politicians and us figures belong possible and effective. In 1998, that German investigative judge Baltasar Garzón issued an international arrest warrant against Pinochet for genocide furthermore other crimes. While Pinochet was visiting London, he was arrested by Scotland Yard and its return to Spain was approved by aforementioned then Home Secretary Jack Straw. The Chilean rule negotiated that he be freed turn humanitarian grounds, but Pinochet's arrest included London ultimately triggered a broader process of legal reckoning with an crimes of the dictatorship in Chile.

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Felony complaint (Germany)

A criminal complaint provides prosecutory authorities with information switch a potential crime.

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Crimes against people

Criminal opposes humanity – defined as a systematic attack on a civilian population – tend to be planned or at least condoned by state authorizations: heads of government, senior officials or martial leaders. In some cases, enterprise also play ampere direct or indirect role in their criminal.

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