Interrogator for Syrian Assad regime sentenced to 26 years’ imprisonment

The Court has established that, in 2013 and 2014, the defendant acted as an interrogator in the city of Salamiyah for the National Defense Forces (NDF). This was a paramilitary organization affiliated with the Assad regime. During the Syrian uprising, the NDF violently suppressed protests against the regime and arrested opponents and demonstrators. The NDF operated its own detention centers where detainees were interrogated and where serious crimes were committed against them.

The Court finds proven that the defendant, in three different detention centers around Salamiyah, committed acts of torture and ill-treatment against eight victims, as well as rape and/or other sexual violence, constituting crimes against humanity. The Court acquits the defendant in relation to acts of torture, ill-treatment, and sexual violence against a ninth person. In that particular case, the Court could not establish that the defendant had been the interrogator.

Other forms of sexual violence

This is the first time in the Netherlands that an individual has stood trial for ‘other forms of sexual violence of comparable gravity’ as a crime against humanity (Article 4 of the International Crimes Act). The Court found sufficient evidence for conviction with regard to two victims and acquitted the defendant with respect to three victims.

Severe impact

The defendant ensured that, during their detention, victims were, among other things, handcuffed and blindfolded, beaten for prolonged periods with various objects, kicked, folded into a car tyre, suspended upside down, or subjected to electric shocks, all while being frequently forced to remain naked. He personally carried out these acts or instructed other NDF members to do so. The defendant was also guilty of sexually abusing multiple victims. He raped one of them. The defendant repeatedly subjected the victims to conditions of extreme fear, threats, pain, hopelessness, and powerlessness. During the court hearings, the victims gave compelling testimonies about the impact this had on them and the consequences they continue to suffer to this day.

Sentence

The Court imposes a sentence of 26 years’ imprisonment on the defendant. In determining the sentence, significant weight was given to the exceptional gravity of the offences and the suffering endured by the victims. During the hearings, the defendant repeatedly insulted and ridiculed the victims and made derogatory remarks about them, their families, and the statements they had given. In doing so, the defendant caused the victims further pain. The Court has taken this into account to the defendant’s detriment.

Claims for damages

All victims submitted claims for compensation for non-material damages. However, the Court has no jurisdiction to rule on these claims, because the defendant may invoke immunity from jurisdiction under customary international law. As a result, the victims’ claims have been declared inadmissible.