Syria boycotted a hearing before the United Nations’ highest court on Tuesday, during which the Netherlands and Canada accused Damascus of waging a years-long campaign of “institutionalized” torture against its own people. .
The hearing focused on a preliminary request from the Netherlands and Canada that the Court impose orders ― known as interim measures ― on Syria to immediately end torture in order to protect potential victims as their case accusing Damascus of violating the torture convention continues before the International Court of Justice.
“Every day counts,” warned René Lefeber, the Dutch government’s lawyer.
“The persistent and recurrent practice of torture in Syria only highlights the urgent need for the Court to indicate provisional measures to manifest threats to life and physical and psychological integrity,” Mr. Lefeber said.
The Syrian conflict began with peaceful protests against the government of President Bashar Assad in March 2011, but quickly turned into a full-blown civil war after the government’s brutal crackdown on protesters. The tide turned in Assad’s favor against rebel groups in 2015, when Russia provided critical military support to Syria, as well as Iran and the Lebanese militant group Hezbollah.
Canadian government lawyer Teresa Crockett underscored the urgency of the request, stating that “Syria has systematically practiced torture and subjected its population to other mistreatment on a large scale. Since 2011, tens of thousands of people have died while in Syrian custody.”
“If nothing is done, Syria will continue its violations,” she added.
When the hearing opened in the court’s main hall of justice, the panel of 15 judges found themselves facing a row of empty white seats reserved for the Syrian delegation.
“The Court regrets the non-appearance of the Syrian Arab Republic,” said Court President Joan E. Donoghue.
The head of Canada’s legal team, Alan Kessel, told the judges that “Syria’s decision not to participate in today’s proceedings does not shield it from the Court’s directives.” .
A group of Syrians gathered outside the court before the hearing, carrying photos of people they say were victims of torture and enforced disappearance, and holding banners reading “End to torture now” and “Where are they? “.
Among them was Yasmen Almashan, a 43-year-old woman who said she had lost five brothers in Syria.
“We simply asked for freedom,” she said. The Assad regime is criminal. Perhaps this trial will bring some justice. »
In a written document sent to the Court in June, the Netherlands and Canada specified that torture in Syria included “violent beatings and whippings, including with fists, electric cables, metal and wooden sticks , chains and rifle butts; administering electric shocks; burning of body parts; pulling out nails and teeth; mock executions; and simulated drowning.
Mr. Lefeber highlighted another method of torture known as “dulab,” which involves forcing the victim into a car tire and beating them, sometimes for hours. It also noted the use of sexual and gender-based violence as an instrument of torture against women, girls, men and boys.
Balkees Jarrah, associate director of international justice at Human Rights Watch, said the case “provides an important opportunity to take a close look at Syria’s long-standing heinous torture of countless civilians.”
Lefeber added that the “institutionalized nature” of torture in Syria was evident in the number of victims and the “striking consistency of torture methods” across the country.
“Given the recurrence of acts of torture and other ill-treatment throughout the country, there is no doubt that this practice emanates from the highest levels of the Syrian government,” he said.
Court orders are legally binding, but are not always respected by the countries involved in the proceedings. Last year, judges issued such an order in another case calling on Moscow to cease hostilities in Ukraine.
Canada and the Netherlands accuse the Assad administration of violating the UN Convention Against Torture and argue that the convention’s dispute resolution mechanism gives the Hague court jurisdiction to hear the case .
To date, the war in Syria has left half a million dead, hundreds of thousands injured and destroyed many parts of the country. It has displaced half of Syria’s 23 million inhabitants before the war, more than 5 million of whom are refugees outside Syria.