Mohammad Al Abdallah: Five Years on, We Must Focus on the Victims of Syria’s Atrocities

This was co-authored by Shabnam Mojtahedi.

As the conflict in Syria enters its sixth year, gross human rights violations remain one of the main features in the conflict. Although the anniversary of the uprising this year has coincided with a U.S.-Russia brokered ‘cessation of hostilities’ agreement that has, contrary to the expectations of many observers, lasted since Feb. 26, the big picture in Syria appears bleak.

The Syrian government forces and rebel armed groups have been committing gross human rights violations at an alarming scale, dragging the country into an endless cycle of violence and revenge attacks. Torture, in particular, has been one of the most widespread and well-documented acts of violence in the current conflict.

The practice of torture has a long history in Syria and was common during the three decades of former President Hafez al-Assad’s rule. Syrians shared thousands of accounts of torture and the mistreatment of political prisoners in detention. Several novels were written on the abuses in Tadmur Prison alone. No real changes were brought to the security forces, detention conditions, or even the justice sector after Bashar al-Assad, Hafez’s son, succeeded to power in Syria. The practice of torture continued – something I faced and witnessed myself during the few months I spent at Sednaya Military prison in 2006.

As the recent uprising of 2011 broke, security agencies, relying on decades of experience in arbitrary arrests, torture, and fear, became as ruthless as ever. Detention centers employed a revolving door arrest campaign, and the aim of torture shifted from the extraction of information to merely killing detainees. The scale of brutality shocked the world, particularly after Caesar, the now well-known military police photographer, defected and left Syria, displaying the photos of torture for all to see.

But how has the government’s increase in violence influenced Syrians in the opposition? Rather than fighting against the use of torture, certain rebel groups, including factions of the Free Syrian Army (FSA) and Jabhat Al Nusra, quickly learned from Assad’s practices and began perpetrating horrifying acts of torture of their own. They introduced opposition-controlled secret detention centers, and stories and videos of their atrocities began appearing online.

For many Syrians, torture has become a daily part of life, whether from a broadcast on the news, videos on YouTube, or knowledge that a friend or relative experienced or died from the abuse; yet, the majority of Syrians are not mobilizing against the practice. Although this may be because Syrians inside the country fear for their safety, Syrians in the Diaspora have also turned a blind eye on such practices.

Through my work on Syria, I have interviewed hundreds of torture survivors over the course of a decade, witnessed torture first-hand at the Sednaya Military Prison, and most recently, have been leading the Syria Justice & Accountability Centre’s work on documentation. Over the years, I have been able to identify the following trends regarding torture in the Syrian context:

1. The practice of torture is increasing. At the beginning of the uprising, Assad and his forces used torture to suppress political dissent, but now almost all sides are implicated in the practice.

2. Torture is being justified. Sectarianism in both Syria and Iraq is growing. Sectarian hatreds are not only increasing the brutality of torture but also giving Syrians and Iraqis a reason to excuse the perpetrators — as long as the perpetrator belongs to their own sect. This is true even among educated Syrians.

3. Torture is no longer a private matter. Historically, torture in Syria has been committed in detention centers, away from the public eye. Sometimes videos were leaked, but overall it was the government’s dirty secret. In today’s Syria, torture has become a public act, thus normalizing its practice in the street, check points and on the fighting fronts. Onlookers can even cheer for the perpetrators, publicly showing support for its practice.


4. Torture is committed in groups.
One of the most alarming trends is that torture is being committed by groups of perpetrators. The evil of a single perpetrator inflicting this type of harm on another human being is easier to comprehend than when it happens in a group. Rather than voicing an objection or a sign of empathy, they encourage each other, as if competing to see who the more brutal perpetrator is.

5. Syrians in the Diaspora are supporting torture. Often, I have seen Syrian refugees post torture videos and slogans calling for revenge on social media. Syrians in the Diaspora denounced the conviction of a former FSA fighter in Sweden after he posted a video of himself torturing a prisoner in Syria in 2012. Swedish investigators found the video, and a court sentenced him to five years in prison. Despite the clear evidence, many Syrians did not believe a punishment was warranted for “treating Assad soldiers the same way they treated us.”

6. Only justice will help deter torturers. Syrian human rights activists, lawyers, and ordinary people have worked tirelessly, and at extreme risk to their lives, to document the violations occurring in the conflict and to shame the perpetrators internationally. But, after five years, it is clear that documentation alone is not deterring the practice, or even opening a debate within Syrian society about the wrongness of torture. For documentation to be truly effective, it must be accompanied by accountability processes. Accountability can begin now through the jurisdictions of European and North American courts and should continue into the future.

The practice of torture threatens to further tear Syria’s social fabric and increase sectarianism. Syrians need to better understand that torture affects every community, regardless of ethnicity or religion. In the long run, torture will continue playing a destructive role in Syria, even after the conflict ends, unless Syrian society uniformly condemns it and works to reform current and future practices. Most importantly, the current talks in Geneva must prioritize justice and accountability for torture and other human rights abuses and include investigations into and a condemnation of torture in the final peace agreement.

Mohammad Al Abdallah is a Syrian human rights lawyer and activist. Former political prisoner in Syria for two prison terms. Currently, he is the Executive Director of the Syria Justice & Accountability Center.

Shabnam Mojtahedi, Legal and Strategy Analyst of the Syria Justice & Accountability Center contributed to this article.

Follow Mohammad Al Abdallah on Twitter: www.twitter.com/Mohammad_Syria

War Crimes Prosecution Watch Volume 11, Issue 1 – March 21, 2016

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email warcrimeswatch@pilpg.org and type “subscribe” in the subject line.

Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group.

Contents

AFRICA

CENTRAL AFRICA

Central African Republic

Sudan and South Sudan

Democratic Republic of the Congo

WEST AFRICA

Côte d’Ivoire (Ivory Coast)

Mali

Lake Chad Region — Chad, Nigeria, Niger, and Cameroon

EAST AFRICA

Somalia

Uganda

Kenya

Libya

Rwanda (International Criminal Tribunal for Rwanda)

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Turkey

Extraordinary Chambers in the Courts of Cambodia (ECCC)

Iraq

Syria

Islamic State of Iraq and the Levant

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

AMERICAS

United States

South & Central America

TOPICS

Terrorism

Piracy

Gender-Based Violence

COMMENTARY AND PERSPECTIVES

WORTH READING

Worth Reading

Journalist Jia Jia Believed to Be Detained by Chinese Authorities

By Christine Khamis

Impunity Watch Reporter, Asia  

Chinese journalist Jia Jia is believed to be held by authorities for his connection with a published letter calling for President Xi Jinping’s resignation. Mr. Jia was likely detained on Tuesday as he boarded a flight to Hong Kong.

Mr. Jia, a well-known Chinese journalist. (Photo courtesy of the New York Times)

Mr. Jia is a freelance writer based in Beijing. He is known for his writing on topics designated as sensitive by China’s government and has critiqued corrupt officials and the Communist Party in the past. Despite his critique of the Communist Party, Mr. Jia had not previously written anything calling for a regime change.

Regardless, Mr. Jia has been accused of writing the letter, posted on a state-linked news website this month, which condemns Mr. Xi’s leadership and includes threats to Mr. Xi if he does not resign from office. It is unclear who wrote the article, which was signed only with a byline of “loyal Communist supporters.”

Mr. Jia stated before his disappearance that he did not write the letter. He did, however, warn a friend and editor at Wujie News about reposting the article on Wujie’s own website.

According to friends of Mr. Jia, he had feared detainment in connection to the letter before his disappearance. He and some of his family members were previously questioned about the letter.

There is currently no other information about Mr. Jia’s whereabouts or his detainment. His phone has been shut down, and he failed to appear to deliver a scheduled lecture at the Chinese University of Hong Kong last Thursday. Beijing law enforcement officials have not responded to requests for comment on Mr. Jia’s disappearance.

Mr. Jia is one among many others who have been accused of dissent and have been detained or imprisoned by authorities. The Chinese government has detained and imprisoned a growing number of individuals since Mr. Xi came into power, including lawyers, activists, and journalists.

 

For more information, please see:

BBC – China columnist Jia Jia ‘goes missing’ en route to HK – 18 March 2016

The New York Times – China Is Said to Be Holding Jia Jia, a Journalist, Over Xi Jinping Letter – 18 March 2016

CNN International – Lawyer says missing Chinese journalist Jia Jia didn’t write anti-Xi letter – 19 March 2016

Voice of America – Well-known Chinese Columnist Disappears – 17 March 2016

North Korea Sentences American Student to 15 Year Hard Labor Sentence

By Christine Khamis

Impunity Watch Reporter, Asia

  

PYONGYANG, North Korea –

North Korea has sentenced Otto Warmbier, an American college student, to 15 years of hard labor for his alleged removal of a political sign in a hotel. Mr. Warmbier, a student at the University of Virginina, had traveled to Pyongyang on trip with Young Pioneer tours, a company conducting trips from China to North Korea and was arrested in early January.

State-run media sources have reported that North Korea’s highest court has convicted Mr. Warmbier of subversion. Mr. Warmbier was charged with committing a hostile act against North Korea, and authorities claim that he was encouraged to commit such an act by a member in his Ohio-based church. During court proceedings earlier this week, officials submitted fingerprints and surveillance photos connecting Mr. Warmbier to the alleged hostile acts.

During a press conference last month, Mr. Warmbier admitted that he had attempted to take a banner containing a political slogan from his hotel in Pyongyang. According to official reports, Mr. Warmbier took a sign bearing the name of North Korean leader Kim Jong-un or Kim Jong-un’s father or grandfather.

Mr. Warmbier also issued a public apology in addition to his confession. It is not known at this time whether Mr. Warmbier was under duress at the time of his statement.

Mr. Warmbier during his publicized confession and apology. (Photo courtesy of NPR)

U.S. State Department spokesman Mark Toner says that the sentence given Mr. Warmbier is “unduly harsh” and calls for his release. Mr. Warmbier’s sentence comes amidst increasing tensions between North Korea and the United States due to North Korea’s recent nuclear weapons and missile testing.

Some U.S. officials and analysts believe that North Korea seeks to use Mr. Warmbier, among other detained American citizens, as political pawns. Mr. Warmbier is currently one of three North American detainees in North Korea. Because the United States has no embassy in Pyongyang, Sweden carries out consular relations on behalf of American citizens in North Korea.

 

For more information, please see:

The New York Times – U.S. Student Runs Afoul of North Korea’s Devotion to Slogans – 17 March 2016

CNN – North Korea Sentences U.S. Student to 15 Years Hard Labor – 16 March 2016

The New York Times – North Korea Sentences Otto Warmbier, U.S. Student, to 15 Years’ Labor – 16 March 2016

NPR – N. Korea Sentences American Student To 15 Years Of Prison, Hard Labor – 16 March 2016

 

 

 

 

 

Iran Tests Missiles in Message to Israel

By Brittani Howell

Impunity Watch Reporter, The Middle East

TEHRAN, Iran – Last Wednesday Iran conducted its second day of missile tests, firing two rockets. The rockets hit their targets over 1,400 kilometers (850 miles) away, making them capable of reach Israel, which is 1,000 kilometers away from the nearest point in Iran.

Ballistic missile was launched in the northern part of Iran on March 9th. (Photo courtesy of the Los Angeles Times)

Iran was barred from conducting any work on ballistic missiles that are capable of carrying nuclear warheads under United Nations Security Resolution 1929. This was revoked by the nuclear deal with the United States and was replaced with United Nations Security Resolution 2231 which urges that Iran abstain from such activity.

The second round of tests occurred on the same day that United States Vice President Biden was in Jerusalem meeting with Israeli Prime Minister Benjamin Netanyahu. It is alleged that the missile tests were intended to provoke an Israeli reaction.

Mr. Biden told reporters after his meeting with Mr. Netanyahu that, “We’re united in the belief that a nuclear armed Iran is an absolutely unacceptable threat to Israel, to the United States.” He continued, “And I want to reiterate which I know people still doubt here: If in fact they break the deal, we will act. And all their conventional activity outside of the deal is still beyond the deal, and we will and are attempting to act wherever we can find it.”

Iran’s Foreign Ministry spokesman, Hossein Jabier Ansari, told the state-controlled news agency, IRNA, that the missiles were for the legitimate defense of Iran and were not designed for carrying warheads. Analyst Nader Karimi Juni stated, “The ruling establishment is sending a message to the outside world that even though Iran has rejected nuclear weaponry, we are developing our missiles and making them increasingly sophisticated.”

Commander of Iran’s Revolutionary Guard, Major General Ali Jafari, stated, “Our enemies have realized that broader sanctions and scrutiny pressures have had little impact on our capabilities.” He continued, “That’s why they now seek to confine us in the missile field through economic sanctions.” Brigadier General Amir Ali Hajizadeh was quoted stating, “The reason why we designed our missiles with a range of 2,000 km is to be able to hit our enemy the Zionist regime from a safe distance.”

Israeli Defense Minister Moshe Yaalon commented that Iran was still hostile despite its nuclear deal with the United States in January. He stated, “To my regret there are some in the West who are misled by the honeyed words of part of he Iranian leadership while the other part continues to procure equipment and weaponry, to arm terrorist groups.”

Iran supplies weapons and technology to Hezbollah, its Lebanese proxy, which already has thousands of rockets capable of targeting Israel.

For more information, please see:

USA Today – Iran: Missile Tests Don’t Violate Nuclear Agreement, U.N. Resolution – 10 March 2016

CNN – Iran Launches Ballistic Missiles a Day After Missile Test – 9 March 2016

Los Angeles Times – Iran’s Latest Missile Test Launches Do Not Violate Nuclear Deal, U.S. Says – 9 March 2016

Reuters – Clinton Calls for Sanction on Iran After More Missile Tests – 9 March 2016

The New York Times – Iran Tests More Missiles in Message to Israel and Biden – 9 March 2016