Definition
Crimes against humanity
Crimes against humanity are grave violations of international law carried out against a civilian population in a systematic or widespread way.
Show MoreIn June 2018, it was announced that the Germany Federal Court of Justice (Bundesgerichtshof – BGH) had issued an arrest warrant against Jamil Hassan, who until July 2019 was head of the Syrian Air Force Intelligence Service. This measure is a milestone towards justice and accountability for all those affected by Assad’s torture system, particularly the 24 Syrian torture survivors and activists whose testimonies contributed to the arrest warrant.
In November 2017, ECCHR together with nine Syrian women and men as well as the lawyers and activists Anwar al-Bunni (SCLSR) and Mazen Darwish (SCM) filed a criminal complaint concerning crimes against humanity and war crimes in Syria with the German Federal Public Prosecutor (Generalbundesanwalt – GBA).
The complaint is directed against ten high-ranking officials of the National Security Office and Air Force Intelligence, among them Jamil Hassan. The crimes addressed in the submission – killing, persecution, torture and sexual violence – were committed between September 2011 and June 2014 in five Air Force Intelligence branches in Damascus, Aleppo and Hama.
Torture in Air Force Intelligence detention facilities was also the subject of another criminal complaint filed by ECCHR and the group around Syrian defector “Caesar” in September 2017. In June 2020, ECCHR with a new submission stressed sexual and gender-based crimes in the Syrian detention centers.
ECCHR and its Syrian partner organizations SCLSR and SCM believe that Germany can play an important role in efforts to end impunity in Syria. The Federal Public Prosecutor uses the principle of universal jurisdiction and since 2011 investigates crimes of torture committed under Assad.
Claimants profiles: "We survived Assad's personal machinery of repression and extermination."
Witness 24 (referred to in the following text as W 24) is 30 years old and studied engineering in Damascus. As an activist, he was involved from the very beginning of the protest movement against Assad's government and was active as part of a group supporting political prisoners.
In November 2011, W24 was arrested along with three of his friends. His "offences" were: political activism, taking part in demonstrations and providing humanitarian help to internally displaced persons. W 24 spent four and a half months in various prisons belonging to the Air Force Intelligence al-Mezzeh Investigative Branch. After his release, he fled to Germany. His injuries from the torture were so severe that he will have to be operated on in Germany. W24 describes how when he arrived at the al-Mezzeh Investigative Branch, he was tortured for several hours with cables and wooden poles with nails attached at the ends. During this initial torture, the guards broke W 24's jaw. He received no medical care and could not eat for weeks. To survive, he had to rely on his fellow detainees, who would pre-chew his food for him. W 24 was tortured repeatedly.
He was regularly subjected to electric shocks. He also described to ECCHR how he was subjected to the shabeh torture method, whereby the guards tied his hands behind his back and hung him by the wrists from the ceiling. W 24 describes how he was sometimes tortured for up to ten hours. His wounds became septic and would often bleed. Once again he received no medical care. Instead he was subjected to more torture. Of the three friends who were arrested with him and brought to al-Mezzeh, W24 recognized the corpse of one of his friend in the Caesar Photographs.
W24 fled 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 a 51-year-old Kurdish man. Before his arrest, he lived in Afrin, north of Aleppo, where he worked as a taxi driver. From October 2011 onwards he took part in demonstrations against the Assad regime.
Early one morning in March 2012 as he had just finished his shift, W 20 was arrested by members of the political intelligence services. His friend, Witness 21 (see below) had been forced under torture to give W 20's name and address. After being detained in political intelligence and air force intelligence branch, among others, in Aleppo, W 20 and W 21 were flown in a freight plane, along with other detainees, from Aleppo to al-Mezzeh military airport. W 20 says that Air Force Intelligence is undoubtedly the most brutal of the four intelligence agencies in Syria. "When we were brought to the al-Mezzeh Investigative Branch we were greeted with the words: 'You are now in hell'," W 20 told ECCHR.
He spent part of his detention in a solitary cell which at times held 15 people, who would have to crouch to fit. There was no light, just a black iron door with a hatch that was opened when food was distributed. They could constantly hear the screams of other detainees. W 20 and other detainees were regularly degraded and tortured by Air Force Intelligence personnel. Guards at the al-Mezzeh Special Operations Branch used the falaqa method: W20 was forced to lie on his stomach while the guards beat the soles of his feet. On one occasion, they broke his right foot. He received no medical care for it. "Other times I would have to stretch out my arms in front of me and then they beat my arms with the green PVC pipe called the Lakhdar Brahimi," he added.
On 1 June 2013, W 20 left Syria via Turkey and now lives with his family in Germany.
Witness 21 (referred to in the following text as W 21) took part in several demonstrations in Aleppo from 2011 onwards. In February 2012, he was arrested by the political intelligence services. Under extreme torture, W 21 was forced to reveal W 20's name and to lead a group of intelligence officers and members of Assad's Shabiha militia to W 20's home.
W 21 was detained from February 2012 to June 2013, partly at the Aleppo Branch and the al-Mezzeh Investigative Branch. While at the Aleppo Branch, he once briefly saw his brother who was also detained there. At the Air Force Intelligence detention centers, both the one-person cells and the larger cells were always overcrowded. "It was unbearably cramped, there was hardly any daylight or fresh air. It was inhumane," says W 21 about the detention conditions. W 21 was tortured countless times. At the al-Mezzeh Branch he was beaten, including with water bottles, some of which had been filled with water and frozen. On several occasions, he was beaten with cables and pipes. He also told ECCHR that the guards would often use the dulab method of torture. This involved being forced to place his arms and legs in a car tire, leaving him completely vulnerable to the guard's beatings. Sometimes he was beaten over 70 times while in this position.
Alongside the physical torture, W 21 was also subjected to psychological torture. He still feels the effects of this torture in particular. While in Air Force Intelligence detention, he witnessed serious sexualized violence on several occasions. He was once present while a detainee was forced to insert a broken glass bottle into his anus, which was later violently removed by Air Force Intelligence officers. Another time, he saw and heard four naked men who were hanging from the ceiling of what was known as the "cold storage cell." The worst part of his ordeal, he says, was being forced to listen to others being tortured.
W 21 now lives in Germany with his family.
Witness 17 (referred to in the following text as W 17), aged 35, is a Sunni Muslim who lived in Damascus. In 2011, when Bashar al-Assad's government oversaw the quelling of the peaceful protests in Syria and a growing number of people were fleeing and seeking refuge within Syria, W 17 got involved in efforts to provide medical care to internally displaced Syrians in Duma, a neighborhood in northeastern Damascus. She was targeted by Assad's air intelligence service as a result of this work and was imprisoned.
W 17 was detained by Air Force Intelligence at the al-Mezzeh Special Operations Branch and the al-Mezzeh Investigation Branch. She was tortured several times. Around 15 days after she was arrested, while in the al-Mezzeh Intelligence Branch, she was blindfolded and brought to a room where, after removing her blindfold, she was forced to watch as a man she knew was being tortured. Afterwards, she was beaten until she was unconscious. When she regained consciousness, her back felt like it was broken. She was deaf in one ear for two months after this incident. And that was just the beginning, as she explained to ECCHR.
Over the next nine months, W 17 was regularly harassed, degraded and beaten. She witnessed the torture of other women and men several times. She was forced to listen to the desperate screams of the other detainees. One day, while walking towards the toilets, she saw a room with six men hanging from the ceiling, blood dripping from their bodies. When the guard noticed that W 17 had seen this, he beat her to the ground. The ground was covered in blood. This was because in many cases after the detainees were tortured, the unconscious or dead bodies were dragged across the hallway and back into the cells. W 17 also described to ECCHR the appalling conditions of detention in al-Mezzeh. For example, she explained how "one cell was in the cellar, it smelled like blood and death."
During most of her time there, she was crammed into a small cell with up to 19 other women. There were cockroaches, ants, and other insects everywhere; almost all detainees developed skin conditions such as scabies. To eat, W 17 says that the detainees were given moldy bread, halfcooked rice, and dirty tomato sauce. Basic things like accessing toilet facilities were transformed into acts of torture. Sometimes, the detainees would be beaten and humiliated as they made their way there; at other times, the corridor to the toilets would be blocked. Describing the toilet facilities, she says: "There was urine everywhere, it smelled horrible. Some of the toilets were blocked and you had to walk across urine and excrement." Once W 17 saw a guard forcing a man to eat his own excrement; and when the man refused, he was beaten.
When W 17 was released, she fled via Turkey and along the Balkan route to Germany where she has lived since early 2016.
Mazen Darwish is a Syrian human rights activist, journalist, and president of the Syrian Center for Media and Freedom of Expression (SCM), which he set up in 2014 in Damascus. The organization documented numerous violations of the right to freedom of expression and freedom of the press. It also worked on journalists' working conditions and assisted media professionals in disputes with the authorities. When the government refused to allow the organization to be officially registered, they went underground to continue their work.
Darwish was imprisoned several times on account of his work. One of these arrests occurred in April 2008, after Darwish and his colleagues reported on uprisings in Adra, a city near Damascus. Darwish was sentenced to ten days' imprisonment for "defamation and slander of state authority." Following the start of the peaceful mass protests against President Bashar al-Assad in the spring of 2011, the SCM began documenting the names of activists who had been imprisoned, disappeared or killed.
In 2012, he was named Journalist of the Year by Reporters without Borders. In February, Darwish and his colleagues were arrested at their offices by Air Force Intelligence. "After my arrest I was brought to various different secret military prisons, they kept taking me from one torture jail to the next," Darwish said in an interview with DIE ZEIT. He says the conditions in the torture centers are catastrophic. Aside from the lack of hygiene and cramped conditions, he also describes the torture methods, including: electric shocks, hanging detainees by the hands, beatings and sleep deprivation.
More than 70 human rights organizations campaigned for years for the release of the SCM team. The UN General Assembly and the European Parliament also called for their release. Darwish was freed in August 2015 on the condition that he appear one month later before the anti-terror court in Damascus. On 31 August 2015, the court held that the cases of Darwish and his colleagues were covered by an amnesty that had been declared in 2014. The judge also explicitly rejected the central charges of supporting terrorism.
Darwish, who has first-hand experience of the methods used and the conditions in Syrian prisons, told ECCHR that "torture was not an isolated case in Assa's prisons, it was something that was systematically used." As a key witness to the events in Syria, Darwish continues to be involved in the fight for justice in his country.
Anwar al-Bunni is a well-known Syrian human rights lawyer. He is one the founders of the Human Rights Association Syria (HRAS) and the Syrian Center for Legal Studies and Reseachr (SCLSR), an organization which supports political prisoners.
As a lawyer, al-Bunni defended many human rights activists and others who were arrested and persecuted on account of their political positions in the wake of the protests in 2000 and 2001 in Damascus. Al-Bunni also became a target of repressive measures due to this work. He and members of his family were systematically threatened, persecuted and defamed by the authorities. He was debarred by the Bar Association in Damascus.
In May 2006, al-Bunni was arrested along with several other human rights activists after they signed the Beirut-Damascus Declaration, in which 274 Lebanese and Syrian intellectuals called for a normalization of the relations between the two states. During his pre-trial detention, al-Bunni was tortured several times. In April 2007, after proceedings that did not meet international fair trial standards, al-Bunni was convicted of "disseminating false information threatening the state." By that time, he had already spent almost one year in the infamous Adra prison in Damascus. "It's a miracle that I am still alive," al-Bunni told ECCHR. He was not held with the other political prisoners but instead with the non-political inmates. On one occasion, some detainees who were loyal to the regime tried to throw him from a second-floor balcony. He survived only thanks to the help of other detainees.
Al-Bunni was released in 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, he was also awarded the annual Human Rights Prize of the German Richterbund (Judges Association). In 2018, he was awarded the Franco-German Prize for Human Rights.
Q&A: Legal background of the criminal complaint on Syrian torture cases filed in Germany.
Serious crimes affect the international community as a whole and must not go unpunished. It is therefore also the responsibility of national jurisdictions in third countries such as Germany to investigate and prosecute serious crimes in Syria.
The German Code of Crimes Against International Law (CCAIL), which entered into force in 2002 and was reformed in 2024, enables German courts to prosecute international crimes committed in Syria. Through the CCAIL, Germany adapted its national criminal code to the standards of international criminal law, in particular those established by the Rome Statute of the ICC.
The principle of universal jurisdiction enshrined in the CCAIL constitutes the legal basis for the prosecution of genocide, crimes against humanity, and war crimes by German courts. According to the CCAIL, the Federal Public Prosecutor (GBA) can investigate international crimes, even if they were committed outside of Germany. This means that jurisdiction of the courts is independent from the location of the crime, as well as from the nationality of its victim or perpetrator.
Since 2011, the Federal Public Prosecutor has been conducting several person-specific investigations into the crimes committed in Syria, as well as a structural investigation, which addresses larger clusters of crimes in the country beyond individual cases. The series of criminal complaints on torture in Syria, which ECCHR has filed together with almost 100 Syrian torture survivors, relatives, activists and lawyers in Germany, Austria, Sweden and Norway since 2017, also have contributed to the investigations. These investigations were the basis for the so-called al-Khatib trial, the first trial worldwide on state torture in Syria.
In the German legal system, a criminal complaint is technically a means of reporting an assessment of facts (an alleged criminal offense). It is then the task of the investigating authorities to identify the suspects who may be responsible for the offense.
The criminal complaints that ECCHR has filed together with the complainants from Syria concern, among other things, the crime of systematic torture in detention centers run by the Syrian secret services and military police. Systematic torture qualifies as a war crime and a crime against humanity under the Code of Crimes Against International Law.
The complaints are directed against numerous known and unknown members of the Syrian military intelligence services and the Syrian government, who are presumed to be responsible for the crimes reported.
Even though high-ranking members of the regime have been convicted – in some cases in absentia (France) – numerous other suspects continue to live undisturbed. We want to change this with our renewed criminal complaint, filed together with our partner organization Caesar Families Association (CFA).
As President and Commander-in-Chief of the Armed Forces of the Syrian Arab Republic, Bashar al-Assad is at the top of the pyramid of the military command chain. He has supreme control over the actions of all security and military institutions, including the four Syrian intelligence services, the Ministry of Defense and the National Security Bureau. This means that President Assad is undoubtedly responsible for crimes committed by these institutions.
As acting head of state, Assad is protected from prosecution in national courts of third countries. In Germany, he is granted international immunity ratione personae in accordance with Section 20 (2) GVG and Article 25 GG. This means that no criminal proceedings can currently be brought against him. Nevertheless, the GBA is also collecting evidence of possible crimes committed by Assad within the context of the structural investigation proceedings. These findings can be used when he is no longer president or if the ICC or a special tribunal on the Syrian conflict one day brings charges against Assad.
However, in May 2024, a Paris court of appeal decided to uphold a (French) arrest warrant against Bashar al-Assad. In the corresponding proceedings, Assad is to be held accountable for the use of chemical weapons against his own population. The Paris court considered such an act to be outside the purview of a head of state’s activities and denied him immunity in this case.
Our criminal complaints are based on the testimonies of family members of disappeared persons, who, at great personal risk, have been searching for their relatives – among them numerous women, as well as men – in various “branches” (detention centers) of the Syrian secret services and military police. In addition, the photos and metadata of the Caesar photographs are of unique value for possible investigations.
In addition to the statements of those affected, publicly available documents and reports serve as sources for this criminal complaint. Many of the crimes in Syria, including torture, have been carefully documented over the years by international and Syrian human rights organizations. Taken as a whole, the statements of survivors and witnesses, official documents, and pictures of victims and crime scenes prove that the Syrian regime is guilty of systematic crimes against humanity and war crimes. The Koblenz Higher Regional Court arrived at the same conclusion in the al-Khatib trial. The verdicts against Eyad A. and Anwar R. are now legally binding.
Arrest warrants against those responsible for systematic repression and torture under Assad would be an important signal for survivors, relatives of those affected, and those still detained in the prisons of the Assad regime.
The fact that the German Federal Prosecutor opened investigations focusing on Jamil Hassan as a specific Syrian officials concerning international crimes in Syria, and the Federal Court of Justice (Bundesgerichtshof) issued 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 responsible for torture and other human rights violations in Syria still live in the country. But if they are subject to an international arrest warrant and were to travel outside Syria, they can be arrested and extradited to Germany. Germany could then file charges and open criminal proceedings.
The case of the Chilean dictator Augusto Pinochet shows that international arrest warrants against high-profile politicians and military figures are possible and effective. In 1998, the Spanish investigative judge Baltasar Garzón issued an international arrest warrant against Pinochet for genocide and other crimes. While Pinochet was visiting London, he was arrested by Scotland Yard and his extradition to Spain was approved by the then Home Secretary Jack Straw. The Chilean government negotiated that he be freed on humanitarian grounds, but Pinochet's arrest in London ultimately triggered a broader process of legal reckoning with the crimes of the dictatorship in Chile.
Absolute impunity continues to prevail in Syria, with no prospect of prosecuting perpetrators from the ranks of the Assad regime in the foreseeable future.
Under the Rome Statute of the International Criminal Court (ICC), international criminal justice fundamentally has the power to bring war crimes, crimes against humanity, and genocide before this same court in The Hague. However, there is currently little chance that the crimes in Syria will be prosecuted by the ICC. This is due to the fact that the court cannot take action because, on the one hand, Syria is not a state party to the Rome Statute and, on the other, Russia is blocking a referral to the ICC by the UN Security Council.
Nonetheless, the UN Human Rights Council has set up an independent commission of inquiry into Syria. The investigators have been collecting evidence against all parties to the conflict for more than 12 years. They conduct their work in the neighboring states of Lebanon, Jordan, Iraq and Turkey. The information provided by the UN Commission is indispensable for any future legal assessment of the situation in Syria.
In December 2016, the UN General Assembly also initiated the “International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of those Responsible for the Most Serious Crimes under the International Law Committed in the Syrian Arab Republic since March 2011,” or IIIM for short.
In cases of criminal prosecution in a third country, a criminal complaint is often the first step toward an investigation. A complaint is intended to draw the attention of the Federal Prosecutor’s Office (GBA) to a specific situation or act which, in the view of the complainant, constitutes a criminal offense – i.e. it may be a crime.
The GBA is already investigating, collecting and securing evidence in various structural proceedings concerning Syria. In person-specific proceedings, however, the focus is mostly on low-ranking perpetrators, as they can often be found in Europe and, thus, be brought to justice. With ECCHR's criminal complaints, the aim is to get the GBA to investigate specific individuals who hold or have held leading positions in the Syrian secret services and military police, and obtain arrest warrants for them from the Federal Court of Justice.
In May 2018, this approach was successful. The Federal Court of Justice (BGH) issued an international arrest warrant against Jamil Hassan, who until July 2019 was head of the Syrian Air Force Intelligence Service.
In order to address the systematic and widespread human rights violations in Syria, further legal interventions must follow – against the Assad government, against transnational corporations, against the states that intervene militarily in the conflict, and against armed groups such as IS.
Without justice for those affected by the crimes in Syria, there will be no political solution to the conflict. Legally addressing human rights crimes is indispensable. It is also of lasting significance in the establishment of a constitutional and democratic society in the aftermath of the war in Syria.
Topics for potential further legal action include the supply of conventional weapons, other armaments, or surveillance technology to the parties to the conflict, as well as targeted sexual violence against women and the use of chemical weapons in Syria.
The primary goal of submitting criminal complaints is to initiate further person-related investigations, which will legally address the described crimes in a dignified way.
The investigations initiated by the Federal Public Prosecutor in 2011 were an important first step. Seven years later, however, it is time to take further steps: the German judiciary should not focus on low-rank perpetrators, but must investigate the acts of those officials who bear the actual responsibility for the crimes. Even though those officials are still in Syria, certain steps can be taken, e.g. by issuing international arrest warrants like the one for Jamil Hassan. To take these steps, the Federal Public Prosecutor and the Courts should be given additional resources by the state. There is a growing need for educated investigators and better protection for witnesses.
Dossier: Human rights violations in Syria: Torture under Assad
Background: Syria's Air Force Intelligence – Right hand to the al-Assad family
Air Force Intelligence – claimant portraits: “We survived Assad’s personal machinery of repression and extermination”
Q&A: Survivors of Assad's torture regime demand justice
Torture in Syria: ECCHR’s work (Arabic)
Patchwork justice for Syria?
Crimes against humanity are grave violations of international law carried out against a civilian population in a systematic or widespread way.
Show MoreA criminal complaint provides prosecutory authorities with information on a potential crime.
Show MoreThe Office of the German Federal Public Prosecutor is Germany’s highest prosecutory authority.
Show MoreThe principle of universal jurisdiction provides for a state’s jurisdiction over crimes against international law even when the crimes did not occur on that state's territory.
Show MoreWar crimes are serious breaches of international humanitarian law committed in armed conflict.
Show MoreCrimes against humanity are grave violations of international law carried out against a civilian population in a systematic or widespread way.
Show MoreCrimes against humanity – defined as a systematic attack on a civilian population – tend to be planned or at least condoned by state authorities: heads of government, senior officials or military leaders. In some cases, companies also play a direct or indirect role in their perpetration.
Show MoreTorture, executions and disappearances of civilians and indiscriminate bombings are only some of the crimes committed in Syria since 2011. ECCHR has been tackling crimes committed by all parties of the conflict since 2012 and is working with an international network.
Show MoreThe law is clear: torture is prohibited under any circumstances. Whoever commits, orders or approves acts of torture should be prosecuted. This is set out in the UN Convention against Torture which has been ratified by 146 states.
Show MoreAttacks directed against civilians; torture of detainees; sexual slavery – when committed within the context of armed conflict, these and other grave crimes amount to war crimes as defined by the Rome Statute of the International Criminal Court. While the system of international criminal justice makes it possible to prosecute war crimes, in many cases those responsible are not held to account.
Show MoreCrimes against humanity – defined as a systematic attack on a civilian population – tend to be planned or at least condoned by state authorities: heads of government, senior officials or military leaders. In some cases, companies also play a direct or indirect role in their perpetration.
Show More