Torture on trial
Prosecutors accuse him of complicity in crimes against humanity. Even though Raslan was not accused of directly torturing or killing, they say he headed an office of the notorious Syrian secret service, Branch in Damascus, and its adjoining prison in and before he defected and left the country. As a result, they say Raslan was responsible for the torture of at least 4, people, sexual assault and at least 30 deaths due to ill-treatment at Branch during that period. Eyad al-Gharib, an ex-Syrian intelligence officer who was lower in rank, was formerly a defendant in the trial but been separated from the case.
He arrived in Germany as an asylum seeker in and was alleged to have detained more than a dozen protesters in and delivered them to Branch , where they were tortured. Last February, he was convicted and sentenced to four and a half years in a German jail for complicity in crimes against humanity.
Since the trial began in April , the Higher Regional Court in Koblenz has held hearings, with more than 80 witnesses from around Germany and Europe giving evidence. The evidence given by witnesses — on torture, threats and sexual abuse, as well as inhumane prison conditions — made for harrowing listening. The court sentenced him to life in prison. His lawyers asked judges last week to acquit their client, claiming that he never personally tortured anybody and that he defected in late Victims and human rights groups have said they hope the verdict will be a first step toward justice for countless people who have been unable to file criminal complaints against officials in Syria or before the International Criminal Court.
Since Russia and China have blocked efforts for the U. Security Council to refer cases to The Hague-based tribunal, countries such as Germany that apply the principle of universal jurisdiction for serious crimes will increasingly become the venue for such trials, experts say. The trial is the first of its kind worldwide and other courts may cite the verdict and evidence heard in Koblenz, said Patrick Kroker, a lawyer with the European Center for Constitutional and Human Rights.
The group represented several victims who under German law were able to take part in the proceedings as co-plaintiffs. A key part of the evidence against Raslan were the photographs of alleged torture victims smuggled out of Syria by a former police officer, who goes by the alias of Caesar.
The court concluded that al-Gharib was part of a unit which detained anti-government protests and took them to a facility in the Syrian city of Douma known as Al Khatib, or Branch , where they were tortured. The court heard evidence implicating Raslan in 30 of those deaths, said Patrick Kroker, a lawyer with the European Center for Constitutional and Human Rights who represented several survivors at the trial. Instances of sexual violence are also being considered as part of the charge, he said.
A key part of the evidence against Raslan were the photographs of alleged torture victims smuggled out of Syria by a former police officer, who goes by the alias of Caesar. Raslan could face life in prison if convicted. His lawyers asked the court last week to acquit their client, claiming that he never personally tortured anybody and that he defected in late However, other courts can cite the verdict and evidence heard in Koblenz, he said.
With Russia and China using their vetoes to block attempts by the U. Security Council to refer Syria to the International Criminal Court, countries like Germany that apply the principle of universal jurisdiction for serious crimes will increasingly become the venue for such trials, Kroker said.
About , Syrians have sought refuge in Germany since the start of the war, including Raslan and al-Gharib, who were arrested in His comments were echoed by Yasmen Almashan, who lost five of her brothers and who now speaks for the Caesar Family Association, a group that has been able to identify missing relatives based on the photos.
Activists say the effects go beyond those detained or disappeared. Rights groups say thousands died from torture in confinement. The Syrian government denies it is holding any political prisoners, labelling its opposition terrorists. After battlefield wins, it has negotiated limited prisoner exchanges with various armed groups, which families say offer partial solutions for a very small number of people.
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