Get all your news in one place.
100's of premium titles.
One app.
Start reading
Asharq Al-Awsat
Asharq Al-Awsat
World
Asharq Al-Awsat

For Syrians, the Road to Justice Begins in Europe

For Wassim Mukdad, 36, standing up in a German courtroom to recount his ordeal in a Syrian detention centre was, he said, like throwing off the shackles - AFP

Wassim Mukdad has carried a deep darkness inside of him since his native Syria slipped into an abyss of conflict and terror.

But on a summer's day in western Germany in an ancient city 3,000 kilometres (1,900 miles) away from Damascus, he finally glimpsed a "ray of light".

On that day, August 19, 2020, the refugee took the witness stand in a Koblenz courtroom to recount the ordeal he suffered in a Syrian detention center.

At that time, buoyed by the Arab Spring uprisings sweeping the Middle East, a sea of fists in the air rallied protesters calling for Syrian President Bashar al-Assad to go.

They were struck down however by a wave of brutal repression.

Mukdad, now 36, who was looking for a protest to join when he was picked up by police, was among those dragged to Al-Khatib prison in the Syrian capital on September 30, 2011.

Almost 10 years on, standing before the German court he described being blindfolded and interrogated three times in the prison as if it had all happened yesterday, AFP reported.

Not only were questions flung at him.

Lashes also flew, lacerating the soles of his feet -- targeted in particular for the excruciating pain every time he later tried to stand up or walk.

It was only on that August day that he finally threw off his shackles, he said.

"I finally had the feeling that my story counted, that the sufferings were not for nothing," said the musician, who plays the oud, a lute-like instrument.

Mukdad is among the Syrian exiles who have turned to European courts to ensure that state-sponsored crimes in Syria do not go unpunished.

Many arrived in Europe in the huge influx of asylum seekers fleeing war in Syria and Iraq in 2015, with Germany having taken in more than one million people since then.

Cases have been filed in Germany, Austria, Sweden and Norway against officials in Assad's regime by around 100 refugees, backed by Berlin NGO, the European Center for Constitutional and Human Rights (ECCHR).

Across Europe, activists are joining forces with police and UN investigators in collecting testimonies, sifting through tens of thousands of photos, videos and files of one of the best documented conflicts in history.

Using social media, they are forming networks to track down regime officers, who they say shed their uniforms to blend in among the tide of refugees arriving in Europe.

Syrian activists believe that around a thousand such suspects have slipped into the continent.

The estimate is impossible to verify but among them is the former brigadier-general of Raqa, Khaled al-Halabi, who according to Austrian media has been granted asylum in Vienna.

German authorities have arrested and charged a Syrian doctor accused of having tortured wounded people in a military hospital in the city of Homs.

Two cousins of an alleged victim, who like the doctor are refugees in Europe, picked the suspect out on a photograph, according to an activist lawyer.

At the Koblenz court, where Mukdad testified, the first verdict has been handed down against Eyad al-Gharib, who was found guilty of complicity in crimes against humanity.

It was the first court case worldwide over state-sponsored torture by Assad's government.

The trial against a second defendant is ongoing.

A former colonel, Anwar Raslan, faces life in prison over the deaths of 58 people in the Al-Khatib jail.

Having taken in the largest overall number of refugees since 2015, Germany, Europe's biggest economy, has been particularly active in pursuing cases against potential suspects.

In France and Sweden too, investigations are under way.

The Syrians are bringing their cases under the principle of universal jurisdiction, which allows a country to prosecute crimes against humanity, war crimes and genocide regardless of where they were committed.

For now, it is the only legal avenue for alleged crimes in Syria's civil war as international justice has been hamstrung for years, said Catherine Marchi-Uhel, who heads the International, Impartial and Independent Mechanism (IIIM), charged by the UN since 2016 to investigate crimes committed in Syria.

"The UN Security Council can refer a case to the International Criminal Court and that was what happened in 2014," she said.

But the draft resolution to refer the situation in Syria to the ICC was "blocked by Russia and China which used their vetoes," she added.

Under universal jurisdiction, however, Germany and France issued international arrest warrants in 2018 against Jamil Hassan, who headed the Syrian air force's intelligence until 2019.

Paris has also started proceedings against Ali Mamlouk, who supervised the security apparatus.

German lawyer Patrick Kroker, who represents civil plaintiffs in Koblenz, said that many European countries were still hesitant to act.

"Because of fear of 'politically motivated' complaints," he said, these countries "have reduced the possibilities of prosecuting mass crimes to a bare minimum."

Mukdad's involvement as co-plaintiff began by chance at a barbecue in a Berlin park in 2019.

There, he got talking to lawyer Joumana Seif, who last year initiated a lawsuit over rape and sexual abuse in Syrian prisons, and asked Mukdad if he would be prepared to testify against Raslan.

"Of course," Mukdad replied.

Several weeks later, he was giving evidence to German police.

But not all refugees are so forthcoming.

Many fear endangering their relatives in Syria. Others are reluctant to relive the pain.

Arguably the most prolific "torturer hunter" in Berlin, Anwar al-Bunni has made a 19th-century former brasserie his office.

The lawyer, who languished for five years in Syrian prisons, knows Raslan after being arrested by him in Damascus in 2006.

More than a decade later, he said he came face to face with Raslan again in Berlin outside an asylum seekers' home where they were lodged.

"I told myself, I know him. But it was impossible to recall from where," he said.

In March 2015, he ran into Raslan again in a shop.

By then, he had remembered exactly how he knew him.

"But at that time I had no clue what I could do against him," said Bunni.

The third time they met, Raslan was in the dock and Bunni on the witness stand.

"I looked at him. But he ignored me."

For the indefatigable activist who collects victims' testimonies, the opening of the Koblenz trial in April 2020 "marked a turning point".

"Syrians are regaining hope as they see that justice is working," he said.

"There are lots of people who now want to talk, we no longer have enough time to receive them all," he said, his mobile phone appearing to corroborate the demand with an incessant buzz indicating incoming messages.

Sign up to read this article
Read news from 100's of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.