To counter injustice with legal interventions – this is the aim and daily work of the European Center for Constitutional and Human Rights.
ECCHR is an independent, non-profit legal and educational organization dedicated to enforcing civil and human rights worldwide. It was founded in 2007 by Wolfgang Kaleck and other international human rights lawyers to protect and enforce the rights guaranteed by the Universal Declaration of Human Rights, as well as other human rights declarations and national constitutions, through legal means.
Together with those affected and partners worldwide, ECCHR uses legal means to end impunity for those responsible for torture, war crimes, sexual and gender-based violence, corporate exploitation and fortressed borders.
Berlin/Koblenz – Even though the first trial worldwide on state torture in Syria is historically significant there is no official documentation of the proceedings at the Higher Regional Court in Koblenz. To change this, 23 German and international academics, research institutions and human rights organizations, together with the European Center for Constitutional and Human Rights, sent a motion to the court today. They demand to tape the final stage of the proceedings, e.g. the closing statements and the announcement of the verdict, to preserve them for future generations.
“The Auschwitz trials, the Stammheim trial and numerous international criminal proceedings demonstrate that the documentation of such historic trials, also through original recordings, are a highly valuable contribution to addressing the past, to education of future generations and not the least for research purposes. The recordings of the Syria trial could play an equally important role”, says Florian Jeßberger, professor for criminal law and modern legal history at Humboldt-Universität zu Berlin and one of the petitioners.
In Germany, legal proceedings are usually neither recorded, filmed, nor documented word-for-word in writing. However, German courts can order recordings of trials of outstanding historic significance for scientific and historical purposes. The recordings are then archived and can be made available upon request. The Koblenz court has already dismissed motions on audio recordings twice for reasons of impact on witness testimonials. However, this reason does not justify the full dismissal of audio recordings.
“The al-Khatib trial is undeniably a milestone in the history of international criminal law – it is the first step to address the crimes in Syria. For the first time, the Syrian state torture system and the Assad regime’s crimes the international community has been dealing with for decades are investigated and prosecuted” says Wolfgang Kaleck, ECCHR’s general secretary.
Because there is no official documentation, civil society organizations such as ECCHR or the Syria Justice and Accountability Center monitor the trial and publish reports of every single hearing. However, only audio recording allows for an exhaustive and objective documentation to fully understand the trial’s significance and the involved parties’ motivations.
Mansour Omari, Syrian journalist and human rights defender, adds, „especially for us Syrians, it is essential to preserve the trial for future generations. The proceedings in Germany can form the basis for addressing the crimes committed in Syria, for the healing processes of the next generations and to establish a collective memory.”
The documentation of criminal proceedings can have a key function for societies as a whole to address systemic injustices. Thus, all international criminal courts record their proceedings. In 2017, UNESCO also declared the Auschwitz trial records a Memory of the World document.
The motion was among others filed by:
The first trial worldwide on state torture in Syria started in Germany in April 2020. The main defendant was Anwar R, a former official at the General Intelligence Directorate in Syrian President Assad’s government.
In April 2020, the first criminal trial worldwide on state torture in Syria started in Germany. ECCHR supported 17 Syriacan find our reports on the proceedings.
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