The German Federal Court of Justice rejected former Syrian senior intelligence officer Anwar Raslan’s appeal against his crimes against humanity conviction on Monday. Raslan, who entered Germany in 2014, was convicted in January 2022 on multiple charges, including homicide, torture, serious deprivation of personal liberty, rape, and sexual assault related to the crackdown on the 2011 Arab Spring protests in Syria. He was sentenced to life imprisonment.
During the Arab Spring in Syria, thousands of protesters were arrested, tortured, and killed, with the secret police playing a significant role in these actions. The Al-Khatib prison in Damascus saw widespread torture, sexual assault, and deprivation of basic necessities. Raslan, a colonel in the Syrian General Intelligence Directorate, commanded the Branch 251 unit, which operated the prison where 27 prisoners, including a child, died due to torture and poor conditions.
The Higher Regional Court in Koblenz found Raslan guilty by applying section 7 of the Code of Crimes against International Law, which defines crimes against humanity as widespread or systematic attacks directed against any civilian population. Raslan appealed his conviction on procedural and substantive grounds, but his objections were dismissed. The Federal Court’s Third Criminal Panel, specializing in crimes against the state, upheld the use of statements from public authorities and experts, such as those from the Independent Commission of Inquiry of the United Nations Human Rights Council. Furthermore, the court confirmed that there were no legal errors in the 2022 judgment and that functional immunity did not apply to Raslan. Monday’s decision to reject the appeal is final.
Germany’s adaptation of the Code of Crimes against International Law in 2002 allows the prosecution of foreign individuals for crimes under public international law, in line with the Rome Statute of the International Criminal Court. This legislation includes offenses such as genocide, crimes against humanity, war crimes, and wars of aggression.
The conviction of Raslan in January 2022 was notable as it was the world’s first criminal case addressing state torture in Syria. UN human rights officials applauded the verdict, with Michelle Bachelet, then the UN High Commissioner for Human Rights, highlighting that the decision underscores that state authorities perpetrating torture will be held accountable.