As First-Ever Syrian War Crimes Trial Concludes, Former Torture Victims Hope for Justice

Koblenz—Today, a court in Koblenz, Germany, heard final arguments from several joint plaintiffs and their representatives in the trial of Anwar R., a former Syrian official who oversaw torture and enforced disappearances at the notorious government-run al-Khatib detention center, also known as Branch 251. The Justice Initiative represented numerous victims who served as witnesses in the trial.

While acknowledging the historic and unprecedented nature of this trial, the Justice Initiative nevertheless notes numerous areas for improvement. For instance, Syrian observers faced multiple barriers to understanding court proceedings.

“In dealing with international crimes, outreach to affected groups of people should be considered a core element of the administration of justice,” said Eric Witte, senior policy officer at Open Society Justice Initiative. “That includes granting foreign accredited journalists access to translations from the beginning of the procedure and ensuring that courts make an effort—for example, through their press spokespersons—to explain basic concepts of jurisdiction, witness protection or the rights of the accused, ideally in the language of the country in which the crimes took place.”

Another major challenge was the Court’s repeated difficulty in summoning witnesses in need of protection who lived outside of Germany or whose family members still lived or live in Syria, and were at risk of reprisals by the Syrian regime. Neither the German Code of Criminal Procedure nor the Judicature Act provide adequate safeguards in such situations, and the court lacked practical experience in handling such cases. Not all witnesses were adequately informed of associated risks and their rights prior to their questioning—another area for improvement in future trials of this kind.

“Quite a few witnesses were understandably afraid for themselves or their loved ones and refused to give evidence in court, or even to appear at all,” said Anna Oehmichen, the German lawyer who represented the Justice Initiative’s clients in the trial. “We will never know to what extent witness intimidation, or even fear of such intimidation, may have actually influenced the testimony of the witnesses who were heard, and what further knowledge might have been gained had stronger protection measures been available.”

Dr. Oehmichen summarized the statements of four victim witnesses, including two doctors. They each testified to their detention and disappearance after engaging in anti-government protests or being suspected of participating in such protests. Each of them described periods of detention in dismal, overcrowded cells at Branch 251 during the time that the accused led the facility. They described the beatings and other forms of torture they suffered, hearing the constant screams of other detainees being tortured, and the psychological scars they still bear. One of the four witnesses also delivered a closing statement. He reminded the judges not only of what happened to him at Branch 251, but also spoke of the importance of this trial for Syrians and his hope for a future Syria in which such abuses are unthinkable.

"This trial has been an important step towards establishing the truth of the crimes against humanity committed by the Syrian government,” said Dr. Oehmichen. “But this trial has been about so much more. In our closing arguments, I recalled the many acts of humanity, solidarity, and heroism of witnesses participating in this trial. Many of them were activists detained and tortured only for going into the streets to demonstrate peacefully for freedom. This trial simply could not have taken place without their courage.”

“Germany is leading the way in the use of universal jurisdiction for international crimes, and this trial lays a foundation for many future court proceedings. The challenges that the Higher Regional Court in Koblenz faced in the prosecution of Anwar R. will arise in future trials of this nature,” added Eric Witte. “For the advancement of international justice through German and other national courts, we must all learn as much as possible from this trial.”