The fall of the Assad regime in Syria signals a pivotal change, ending state-sanctioned torture and prioritizing justice. Despite a canceled conference in Damascus, human rights advocates like Amjad and lawyer Anwar Albuni are dedicated to documenting atrocities and pursuing accountability. With significant evidence amassed, including the first convictions for Syrian state torture in Germany, there are hopes for legal proceedings against perpetrators. However, challenges remain regarding the new authorities’ willingness to engage in prosecutions, particularly given the lack of International Criminal Court jurisdiction.
The End of State Torture and the Road to Justice in Syria
The downfall of the Assad regime marks a significant turning point for Syria, bringing an end to state-sanctioned torture and shifting the focus towards accountability and legal prosecution. However, a crucial conference scheduled to address these issues in Damascus was unexpectedly canceled.
Documenting Atrocities: The Efforts of Syrian Human Rights Advocates
Amjad, a dedicated human rights advocate, meticulously reviews documents in his Damascus office, equipped with advanced technology. He captures images of deteriorating files, which serve as vital evidence of the horrific acts committed within Syrian prisons during the reign of former President Bashar al-Assad.
“This process allows us to trace the fates of those who have been forcibly disappeared, and to identify individuals responsible for sanctioning these executions,” Amjad explains.
At 35, Amjad returned to his roots in Damascus after the regime’s collapse. Although he resides in Berlin, where he works with the Syrian Center for Legal Studies and Research, a non-profit organization advocating for the rule of law in Syria for over a decade, his commitment to justice remains unwavering.
Human rights lawyer Anwar Albuni estimates that around 200,000 individuals have perished due to torture or execution under Assad’s rule. Albuni, who founded the NGO, emphasizes the importance of prosecuting these grave violations, stating that approximately 16,000 perpetrators are responsible for these atrocities.
Having been a political prisoner until 2011, Albuni eventually fled to Germany. His notable achievement includes facilitating the world’s first convictions for Syrian state torture, secured in Koblenz, where two Syrian intelligence officers were sentenced to prison for their involvement in state-sponsored torture in 2021 and 2022. Thanks to the principle of universal jurisdiction, German courts hold the authority to prosecute human rights violations, irrespective of where they occurred.
As the world turns its attention to Syria, there remains hope for a new era following the HTS rebels’ overthrow of the Assad regime in mid-December. This shift has temporarily halted state torture and executions, raising questions about the future of prosecution and potential venues for legal proceedings.
Current Koblenz rulings serve as a template for future cases, with extensive evidence gathered that German authorities can leverage. The federal prosecutor’s office has been conducting structural investigations for years, collaborating with judicial systems in partner nations such as Sweden and France, as well as the United Nations. This collaboration may lead to the discovery of more Syrian suspects residing in Germany.
Federal Prosecutor General Jens Rommel reassured that the situation in Syria remains under close surveillance. However, due to the lack of legal assistance agreements, the Federal Criminal Police Office cannot investigate within Syria, relying instead on evidence accessible internationally.
The United Nations has been collecting evidence for years, facilitated by the “International, Impartial and Independent Mechanism” (IIIM). This support is integral for rule-of-law proceedings, and the IIIM has maintained communication with Syria’s new authorities, as stated by IIIM director Robert Petit.
While Syria’s transitional president presents himself as a moderate figure, skepticism remains regarding his commitments. Evidence gathered by Amjad and his colleagues from the German-Syrian NGO underscores the significant challenge ahead; they are tasked with digitizing approximately 150,000 file folders, a daunting job that has only seen about 300 completed in over a month.
A conference in Paris aims to discuss Syria’s political reformation and potential financial support. Albuni envisions establishing an independent judiciary to hold torturers accountable, ideally with international judicial assistance. Although he had organized a conference with the Syrian Ministry of Justice to connect international investigators for a private event on prosecuting torture crimes, this was abruptly halted by the Foreign Ministry.
Experts agree that the new Syrian state must play a pivotal role in these prosecutions. The International Criminal Court in The Hague currently lacks jurisdiction over Syria, which does not recognize its authority. Whether the new authorities will engage with this process remains uncertain.
This topic was reported by Deutschlandfunk on February 26, 2025, at 1:10 PM.