Paris Trial of Assad Officials Could Pave Way For For President’s Case

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Three high-ranking Syrian officials are set to be tried in absentia in Paris for their roles in the arrest, torture, and deaths of Franco-Syrian student Patrick Dabbagh and his father Mazzen Dabbagh. This landmark case marks the first time senior figures close to President Bashar al-Assad are being held accountable for crimes against humanity and war crimes, potentially paving the way for further prosecutions.

 

In the early hours of November 3, 2013, five Syrian officials, including representatives from the Syrian air force’s intelligence unit, forcibly took Patrick Dabbagh from his home in the Mezzeh district of Damascus. The following night, the same officials returned with a dozen soldiers to arrest Patrick’s father, Mazzen, a 48-year-old education counsellor at the city's French lycée. Accusing Mazzen of failing to raise his son properly, they ominously stated, "We’ll teach you to educate him," but gave no specific reasons for the arrests.

 

For nearly five years, the family heard nothing about the fate of Patrick and Mazzen until July 2018, when they received certificates stating that Patrick had died in January 2014 and Mazzen in November 2017. No cause of death was given, and the bodies were not returned to the family. This Tuesday, Ali Mamlouk, 78, head of the Syrian secret services and security adviser to Assad; Jamil Hassan, 72, former head of the Syrian air force intelligence unit; and Abdel Salam Mahmoud, intelligence director at the notorious Mezzeh detention center, will face trial for their alleged complicity in the crimes against the Dabbaghs.

 

The trial is unprecedented as it targets some of the most senior officers from the Syrian regime. French lawyer Clémence Bectarte, representing the Dabbagh family, emphasized the trial's significance: "It’s important not only for the Dabbagh family but for many other Syrians. There are families of people who have disappeared who are still waiting for news of their loved ones or the bodies of those who have been killed."

 

The Syrian conflict, which began with pro-democracy protests in 2011, has since claimed more than 230,000 civilian lives, including 30,000 children, according to the Syrian Network for Human Rights. The Syrian intelligence services are believed to have tortured to death over 15,000 individuals. Despite this, Assad has been reintegrated into the Arab diplomatic fold over the past year, attending Arab League summits and meetings with regional leaders.

 

The Paris trial underscores the growing resolve among European nations to pursue justice for crimes against humanity, war crimes, and genocide under the principle of universal jurisdiction. This legal doctrine permits countries to prosecute perpetrators regardless of their nationality or where the crimes occurred. Last November, France issued an international arrest warrant for Assad over the use of chemical weapons against civilians. This was a historic move, as it marked the first time a sitting head of state was subject to an arrest warrant in a third country for crimes against humanity.

 

France's investigation into the Dabbagh case involved testimonies from over 20 Syrians, many of whom survived Mezzeh prison and detailed the horrific conditions and command structure during the father and son's detention. Bectarte noted the importance of these testimonies: "The trial would not be possible without their testimony of the terrible reality of the crimes committed in the jails of Bashar al-Assad."

 

The establishment of France's war crimes unit in 2012 has been instrumental in bringing such cases to court. Although universal jurisdiction had previously been limited by the need for a tangible connection to France, this case demonstrates the evolving landscape of international justice. Bectarte emphasized the trial's role in the broader fight against impunity: "At a time when the Syrian regime seems to come out unpunished for all the atrocities committed, it is essential that this trial qualifies the regime’s crimes and hold accountable its highest officials. The goal is there should be no escape from justice. This will not be the last trial."

 

Mazen Darwish, of the Syrian Centre for Media and Freedom of Expression, highlighted the broader impact: "Beyond Mazzen and Patrick Dabbagh, there are hundreds of thousands of Syrian men and women who have died during the Syrian conflict, especially at the hands of Bashar al-Assad’s regime and whose families are still waiting for justice."

 

As the trial commences, it represents a critical step toward accountability for the Syrian regime’s atrocities. The outcome may influence future prosecutions and reinforce the global commitment to justice for victims of the Syrian conflict and other human rights violations.

 

Credit: The Guardian 2024-05-20

 

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