Rifaat al-Assad

Last modified : 22/11/2024

Country of commission
Country of prosecution
Nationality of the suspect
Syrian Arab Republic
Gender of the suspect
Male
Status of the suspect
Free
Status of the procedure
Indicted
Alleged crimes / charges
Crimes against humanity
War crimes
Individual / company
Individual
Jurisdictional basis
Universal jurisdiction
Complaint filed in
2013
Investigation started in
2013
Length of the procedure (in years)
12



Facts

In February 1982, opponents of the Syrian regime led an armed uprising in Hama. As retaliation, the Syrian armed forces, including the Defense Brigades, attacked the city. The civilian population was trapped and cut off from supply, food and electricity for almost a month. The estimated number of civilian casualties ranges from 10’000 to 40’000, depending on the source. In addition to the high number of casualties, entire areas of the city were destroyed.

Rifaat al-Assad, as the commander of the Defense Brigades, is suspected of having participated in the massacre of several thousands of people in Hama in 1982 during the civil war in Syria.

Procedure

Procedure in Switzerland

In December 2013, after being informed that Rifaat al-Assad was present on Swiss territory, TRIAL International filed a criminal complaint with the Office of the Attorney General (OAG) accusing him of having committed war crimes during the Hama massacre in 1982. A criminal investigation was opened a few days later against Rifaat al-Assad for the same charges.

In August 2014, a plaintiff joined the proceedings.

In 2015, Rifaat al-Assad returned to Geneva. TRIAL International and the plaintiff asked the Swiss authorities to arrest him in order to proceed to his hearing. After the OAG refused to proceed with his arrest, the plaintiff filed a motion for provisional measures before the Federal Criminal Court (FCC). The Court ordered the OAG to hear Rifaat al-Assad without delay, and a short hearing took place, during which Rifaat al-Assad decided to remain silent.

In 2016, three other plaintiffs joined the criminal proceedings.

In 2017, TRIAL International filed an additional complaint, backed by various evidence, regarding Rifaat al-Assad’s involvement in the Tadmor prison massacre that occurred in 1980. The complaint was dismissed by the OAG.

In September 2017, four years after the official opening of the investigation, one of the plaintiffs filed a petition alleging a denial of justice. The FCC dismissed it, considering that the extensive delay could be explained by the complexity of the case.

In August 2018, a letter to Switzerland signed by the United Nations special rapporteurs on torture and on the independence of judges and lawyers was published by the UN. It heavily criticized Switzerland for an alleged lack of independence and political interference notably concerning the case against Rifaat al-Assad. In five years of proceedings, only four witnesses and two plaintiffs had been heard.

In April 2021, a fifth plaintiff who had joined the case in October 2020 was heard by the OAG and in June the same year, one witness was heard.

The investigation into war crimes continued, however at a slow pace. Only one witness, whose hearing had been postponed in 2021, was heard in March 2022.

In early 2023, two complaints were closed as the plaintiffs could no longer be reached.

In August 2023, the FCC made public its order of 19 July 2022 to the Federal Office of Justice to issue an international arrest warrant that had been delivered by the OAG in November 2021 for Rifaat al-Assad. In the same order, the FCC confirmed that the Swiss authorities had jurisdiction to prosecute Rifaat al-Assad and to request his extradition to Switzerland.

One witness was heard in September 2023.

On 11 March 2024, the Office of the Attorney General charged Rifaat al-Assad with the war crimes and crimes against humanity of ordering homicides, acts of torture, cruel treatments and illegal detentions in Syria in February 1982, in his capacity as commander of the defence brigades (Saraya al Difaa in Arabic) and commander of operations in Hama, within the context of the armed conflict and the widespread and systematic attack launched against the population of the city of Hama.

Procedure in France

In June 2020, Rifaat al-Assad was convicted in France and sentenced to four years in jail for money laundering and embezzlement of Syrian public funds. French authorities also confiscated several properties worth millions of euros.

In September 2021, the French Court of Appeal confirmed Rifaat al-Assad’s conviction and sentence for financial crimes as well as the confiscation measures ordered against him.

In October 2021, Rifaat al-Assad fled Europe to return to Syria despite this second instance conviction and the judicial surveillance he was under in France.

In September 2022, the French Supreme Court confirmed Rifaat al-Assad’s conviction, making it definitive. It is now up to the French government to work on the restitution of stolen assets “as close as possible to the deprived population” as provided for by law since July 2021.

Last modified : 22/11/2024

Country of commission
Country of prosecution
Nationality of the suspect
Syrian Arab Republic
Gender of the suspect
Male
Status of the suspect
Free
Status of the procedure
Indicted
Alleged crimes / charges
Crimes against humanity
War crimes
Individual / company
Individual
Jurisdictional basis
Universal jurisdiction
Complaint filed in
2013
Investigation started in
2013
Length of the procedure (in years)
12