Bells
Staff member
Syrian government officials could face war crimes charges in the light of a huge cache of evidence smuggled out of the country showing the "systematic killing" of about 11,000 detainees, according to three eminent international lawyers.
The three, former prosecutors at the criminal tribunals for the former Yugoslavia and Sierra Leone, examined thousands of Syrian government photographs and files recording deaths in the custody of regime security forces from March 2011 to last August.
Most of the victims were young men and many corpses were emaciated, bloodstained and bore signs of torture. Some had no eyes; others showed signs of strangulation or electrocution.
The UN and independent human rights groups have documented abuses by both Bashar al-Assad's government and rebels, but experts say this evidence is more detailed and on a far larger scale than anything else that has yet emerged from the 34-month crisis.
The three lawyers interviewed the source, a military policeman who worked secretly with a Syrian opposition group and later defected and fled the country. In three sessions in the last 10 days they found him credible and truthful and his account "most compelling".
They put all evidence under rigorous scrutiny, says their report, which has been obtained by the Guardian and CNN.
The authors are Sir Desmond de Silva QC, former chief prosecutor of the special court for Sierra Leone, Sir Geoffrey Nice QC, the former lead prosecutor of former Yugoslavian president Slobodan Milosevic, and Professor David Crane, who indicted President Charles Taylor of Liberia at the Sierra Leone court.
The defector, who for security reasons is identified only as Caesar, was a photographer with the Syrian military police. He smuggled the images out of the country on memory sticks to a contact in the Syrian National Movement, which is supported by the Gulf state of Qatar. Qatar, which has financed and armed rebel groups, has called for the overthrow of Assad and demanded his prosecution.
The 31-page report, which was commissioned by a leading firm of London solicitors acting for Qatar, is being made available to the UN, governments and human rights groups. Its publication appears deliberately timed to coincide with this week's UN-organised Geneva II peace conference, which is designed to negotiate a way out of the Syrian crisis by creating a transitional government.
Caesar told the investigators his job was "taking pictures of killed detainees". He did not claim to have witnessed executions or torture. But he did describe a highly bureaucratic system.
"The procedure was that when detainees were killed at their places of detention their bodies would be taken to a military hospital to which he would be sent with a doctor and a member of the judiciary, Caesar's function being to photograph the corpses … There could be as many as 50 bodies a day to photograph which require 15 to 30 minutes of work per corpse," the report says.
"The reason for photographing executed persons was twofold. First to permit a death certificate to be produced without families requiring to see the body, thereby avoiding the authorities having to give a truthful account of their deaths; second to confirm that orders to execute individuals had been carried out."
Families were told that the cause of death was either a "heart attack" or "breathing problems", it added. "The procedure for documentation was that when a detainee was killed each body was given a reference number which related to that branch of the security service responsible for his detention and death.
"When the corpse was taken to the military hospital it was given a further number so as to document, falsely, that death had occurred in the hospital. Once the bodies were photographed, they were taken for burial in a rural area."
Three experienced forensic science experts examined and authenticated samples of 55,000 digital images, comprising about 11,000 victims. "Overall there was evidence that a significant number of the deceased were emaciated and a significant minority had been bound and/or beaten with rod-like objects," the report says.
"In only a minority of the cases … could a convincing injury that would account for death be seen, but any fatal injury to the back of the body would not be represented in the images …
"The forensics team make clear that there are many ways in which an individual may be killed with minimal or even absent external evidence of the mechanism."
The inquiry team said it was satisfied there was "clear evidence, capable of being believed by a tribunal of fact in a court of law, of systematic torture and killing of detained persons by the agents of the Syrian government. It would support findings of crimes against humanity and could also support findings of war crimes against the current Syrian regime."
[Source]
The three, former prosecutors at the criminal tribunals for the former Yugoslavia and Sierra Leone, examined thousands of Syrian government photographs and files recording deaths in the custody of regime security forces from March 2011 to last August.
Most of the victims were young men and many corpses were emaciated, bloodstained and bore signs of torture. Some had no eyes; others showed signs of strangulation or electrocution.
The UN and independent human rights groups have documented abuses by both Bashar al-Assad's government and rebels, but experts say this evidence is more detailed and on a far larger scale than anything else that has yet emerged from the 34-month crisis.
The three lawyers interviewed the source, a military policeman who worked secretly with a Syrian opposition group and later defected and fled the country. In three sessions in the last 10 days they found him credible and truthful and his account "most compelling".
They put all evidence under rigorous scrutiny, says their report, which has been obtained by the Guardian and CNN.
The authors are Sir Desmond de Silva QC, former chief prosecutor of the special court for Sierra Leone, Sir Geoffrey Nice QC, the former lead prosecutor of former Yugoslavian president Slobodan Milosevic, and Professor David Crane, who indicted President Charles Taylor of Liberia at the Sierra Leone court.
The defector, who for security reasons is identified only as Caesar, was a photographer with the Syrian military police. He smuggled the images out of the country on memory sticks to a contact in the Syrian National Movement, which is supported by the Gulf state of Qatar. Qatar, which has financed and armed rebel groups, has called for the overthrow of Assad and demanded his prosecution.
The 31-page report, which was commissioned by a leading firm of London solicitors acting for Qatar, is being made available to the UN, governments and human rights groups. Its publication appears deliberately timed to coincide with this week's UN-organised Geneva II peace conference, which is designed to negotiate a way out of the Syrian crisis by creating a transitional government.
Caesar told the investigators his job was "taking pictures of killed detainees". He did not claim to have witnessed executions or torture. But he did describe a highly bureaucratic system.
"The procedure was that when detainees were killed at their places of detention their bodies would be taken to a military hospital to which he would be sent with a doctor and a member of the judiciary, Caesar's function being to photograph the corpses … There could be as many as 50 bodies a day to photograph which require 15 to 30 minutes of work per corpse," the report says.
"The reason for photographing executed persons was twofold. First to permit a death certificate to be produced without families requiring to see the body, thereby avoiding the authorities having to give a truthful account of their deaths; second to confirm that orders to execute individuals had been carried out."
Families were told that the cause of death was either a "heart attack" or "breathing problems", it added. "The procedure for documentation was that when a detainee was killed each body was given a reference number which related to that branch of the security service responsible for his detention and death.
"When the corpse was taken to the military hospital it was given a further number so as to document, falsely, that death had occurred in the hospital. Once the bodies were photographed, they were taken for burial in a rural area."
Three experienced forensic science experts examined and authenticated samples of 55,000 digital images, comprising about 11,000 victims. "Overall there was evidence that a significant number of the deceased were emaciated and a significant minority had been bound and/or beaten with rod-like objects," the report says.
"In only a minority of the cases … could a convincing injury that would account for death be seen, but any fatal injury to the back of the body would not be represented in the images …
"The forensics team make clear that there are many ways in which an individual may be killed with minimal or even absent external evidence of the mechanism."
The inquiry team said it was satisfied there was "clear evidence, capable of being believed by a tribunal of fact in a court of law, of systematic torture and killing of detained persons by the agents of the Syrian government. It would support findings of crimes against humanity and could also support findings of war crimes against the current Syrian regime."
[Source]
The question is, now what?
Proof of use of chemical and biological weapons, mass murders, now killing detainees after torturing them.. All war crimes.
Now what?
Crane said: "Now we have direct evidence of what was happening to people who had disappeared. This is the first provable, direct evidence of what has happened to at least 11,000 human beings who have been tortured and executed and apparently disposed of.
"This is amazing. This is the type of evidence a prosecutor looks for and hopes for. We have pictures, with numbers that marry up with papers with identical numbers – official government documents. We have the person who took those pictures. That's beyond-reasonable-doubt-type evidence."
"This is amazing. This is the type of evidence a prosecutor looks for and hopes for. We have pictures, with numbers that marry up with papers with identical numbers – official government documents. We have the person who took those pictures. That's beyond-reasonable-doubt-type evidence."
What other excuses are we going to come up with?
As I type, Iran's invitation to the peace summit with Iran has been rescinded, because Iran refuses to back any talk of a transition Government in Syria. No surprise there. The Guardian article also laments this report will have on the peace talks. Heaven forbid Assad becomes offended by the realities of his regime.
But what about Russia, who has been Assad's staunch supporter in the UN. To arrest Assad could result in needing a UNSC referral. Will Russia vote yes to refer it to the ICC? Or will they veto that as well?
The report is in. Clear evidence of war crimes.
What now?
Or will it just be more of the same, nothing will be done. Much complaints about their actions but no action to stop them or make them face justice..?
