International Research and Documentation Center

Total Page:16

File Type:pdf, Size:1020Kb

International Research and Documentation Center International Research and Documentation Center TRIAL OF ANWAR RASLAN Higher Regional Court – Koblenz, Germany Trial Monitoring Report 33 Hearing Dates: April 14 & 15, 2021 CAUTION: Some testimony includes descriptions of torture. Summaries/Highlights:1 Trial Day 69 – April 14, 2021 P32, a 28-year-old Syrian woman testified about a meeting she and her family had with Raslan while searching for P32’s sisters who were detained in Al-Khatib Branch. P32 also testified about her own detention at the Branch, detailing torture and incidents of sexual violence she endured. She further spoke about another meeting she had with Raslan while she was detained, claiming he refused her request to be transferred out of solitary confinement so that she would not lose her mind. Trial Day 70 – April 15, 2021 Raslan’s defense read out a statement from Raslan, providing his view on the meetings he had with P32. When asked by the prosecutors, P32 reacted to Raslan’s statement by saying she had to defend herself against a criminal’s accusations and he was denying everything she told the court. The Judges read out a notice to the parties to inform them that previous plaintiff testimonies gave rise to the possibility of charging certain crimes that these plaintiffs were victims of as ordinary crimes under domestic German criminal law. The judges will further request an expertise on Syrian law relating to the alleged crimes. The prosecutors read their statement reacting to the defense’s request to take additional evidence allegedly debunking Raslan’s alleged involvement in activities outside of Branch 251. The prosecutors said they do not support this request as the proposed witnesses would not be suitable to testify in this regard, nor would their testimonies provide new information. Another witness scheduled for one of the following sessions preferred not to testify in court due to concerns about his family’s safety, despite protective measures proposed by the court. One of the plaintiffs requested to no longer be a plaintiff in the trial. Day 69 of Trial – April 14, 2021 The hearing began at 9:30 am with ten spectators and six members of the press in the audience. One accredited journalist requested access to the Arabic interpretation. P30 and a court illustrator were among the spectators. The prosecution was represented by prosecutors Klinge and Polz. 1 Throughout this report, [information located in brackets are notes from our trial monitor] and “information placed in quotes are statements made by the witness, judges or counsel.” Note that this report does not purport to be a transcript of the trial; it is merely an unofficial summary of the proceedings. The names of witnesses have been redacted. 1 International Research and Documentation Center Testimony of P322 P32 was accompanied by her witness counsel, Dr. Kroker, and informed about her rights and duties as a witness. P32 said that she was 28 years old, living in Switzerland and was not related to the defendant by blood or marriage. Judge Kerber’s Questioning Presiding Judge Kerber started her questioning by recalling that P32 was previously interviewed by the German Federal Criminal Police Office (BKA) and asked P32 to describe her arrest in Syria, the events leading to her arrest and how she got in conflict with the Syrian regime. P32 explained that her sister [sister 1] was detained on March 15, 2011. P32 said she wanted to mention this detail before describing massacre الحولة her own experience. She continued by explaining that on May 25, 2012, the Al-Houla was committed in Homs, causing the death of 50 children. P32 further recalled that May 25, 2012, was a Friday and on Sunday, May 27, 2012, a sit-in was organized as condemnation of the massacre. The sit-in coincided with the anniversary of the death of a child named [name redacted]. P32 and others in Damascus. The protestors held banners and الطليا ن therefore participated in a sit-in in Al-Talyani [name redacted] picture. The slogans on the banners condemned the Al-Houla massacre. P32 was holding a sign saying “The children of Al-Houla are no terrorists” which was discrediting the regime’s narrative that the revolution consisted only of terrorists and armed people. P32 recalled that after only a few minutes, shots were fired. The protesters did not scream, they were simply standing, holding their banners. P32 said they later found out that the regime knew that the sit- in would take place, the shots that were fired were proof of that knowledge. When the first shots were a district close to Al-Talyani. There ,الروضة fired, the protesters ran away. P32 said she went to Al-Rawda were only a few people. Two security officers on a motorcycle stopped her and asked what she was doing there. P32 told them that she was at the market (the area was known to be a shopping area). The officers then asked P32 for her ID and when they read her name, they said “Ah! You are [sister 1]’s sister” and menacingly added: “you came to us with your own legs.” P32 told the court she was wearing glasses that day. When one of the officers slapped her face, her glasses broke, and her nose started bleeding. P23 further described [using her hands] that there was a street and to her right was a real- estate office. The two security officers forcefully evacuated the real-estate employees, pulled P32 inside and forced her to sit on a chair. P32 said one of the security officers called a van to pick her up, the other one pointed a rifle at her, holding it close to her face. P32 sat on the chair when one of the officers who was standing told her “I swear to god, if it was up to me to decide your faith, I would [he made a noise like pulling a trigger, indicating he would kill her]”. P32 further explained that her mother was at the sit-in as well. However, not to demonstrate but because she was worried about P32. Before P32 was approached by the two security officers, she tried to call her mother but could not reach her. P32 recalled that once the security van came, she saw her mother inside, when she was pulled in as well. Her mother’s hands were behind her back and she was looking down. The bus was full of male and female detainees and the seat next to her mother was free. For a short moment, P32 thought her case might be bigger and she did not want the officers to know that this was her mother, so she would not get involved. However, P32 approached her mother, asking if she could sit next to her. 2 Note from the Trial Monitor: P23 was very emotional during the entire testimony. She also sometimes corrected the interpreter by making him aware that he did not translate the end of her sentence. 2 International Research and Documentation Center الجرس They looked at each other and cried. P32 said the van drove for a few minutes to Al-Jisr Al-Abyad It was known that there was Hafez Makhlouf’s branch [Division 40]. P32 recalled that when they .اﻷبيض arrived at the division and got off the van, they had to go upstairs. There was a member of the security forces standing on every other step. These members of the security forces were young. They were heavily beating the people [detainees] passing by, until the detainees reached a small corridor at the end of the staircase. P32 said after this procedure, all detainees had to face the wall and cover their eyes with their hands, so they could not see what was going on around them. P32 said this was when the Division’s IT officer approached her, holding many papers and documents. He told her all the papers would be for P32, as if he wanted to tell her that she was wanted and now came to the Division by herself. He pulled sheets of paper, reading out one of P32’s Facebook posts in which she said that all pro-regime people would be slaves. The IT officer shouted at her “Are we slaves, you bitch?”. P32 apologized for using this word in a courtroom, adding that she assumes everyone in the courtroom would know that this was one of the less bad words used at the intelligence branches. P32 went on to explain, that men and women were separated. The girls were taken to a room where they had to stay for 10 hours. P32 described how she asked to use the toilet before her interrogation. She then saw a man who she thought was a policeman and asked him for a phone. She said she was in hysterics because she urgently wanted to talk to her father or sister. When the policeman asked P32 what she would give him in return, she told him she would give him ‘whatever he wanted.’ He allowed her to make a call and P32 returned to the room from where she came.3 P32 said she was interrogated by the “hacker” [IT-person, see context above]. She entered his office where he was waiting with another person. He then requested access to her Facebook account through her email address and password. The person also told P32 that she tried to bribe a police officer, which would be a serious crime leading to imprisonment. P32 explained to the court that because she was participating in demonstrations, she had contact with a person living abroad who specialized in IT and knew whenever she wanted to demonstrate.
Recommended publications
  • Heretic's Musings on the Chemical Strike in Damascus
    ISPSW Strategy Series: Focus on Defense and International Security Issue Heretic’s Musings on the Chemical Strike in Damascus No. 245 Yossef Bodansky Sep 2013 Heretic’s Musings on the Chemical Strike in Damascus Yossef Bodansky September 2013 About ISPSW The Institute for Strategic, Political, Security and Economic Consultancy (ISPSW) is a private institute for research and consultancy. The ISPSW is objective and task oriented and is above party politics. In an ever more complex international environment of globalized economic processes and worldwide political, ecological, social and cultural change, bringing major opportunities but also risks, decision-makers in enter- prises and politics depend more than ever before on the advice of highly qualified experts. ISPSW offers a range of services, including strategic analyses, security consultancy, executive coaching and intercultural competency. ISPSW publications examine a wide range of topics connected with politics, econo- my, international relations, and security/ defense. ISPSW network experts have worked – in some cases for decades – in executive positions and possess a wide range of experience in their respective specialist areas. About the Author of this Issue Yossef Bodansky has been the Director of Research at the International Strategic Studies Association [ISSA], as well as a Senior Editor for the Defense & Foreign Affairs group of publications, since 1983. He was the Director of the Congressional Task Force on Terrorism and Unconventional Warfare at the U.S. House of Representa- tives between 1988 and 2004, and stayed on as a special adviser to Congress till January 2009. In the mid- 1980s, he acted as a senior consultant for the U.S.
    [Show full text]
  • 2 the Making of a Cosmopolitan Quar- Th Ter: Sha’Laan in the 20 Century 1
    2 The Making of a Cosmopolitan Quar- th ter: Sha’laan in the 20 Century 1 Dawn Chatty I was born in Bab Tuma. At the time my father was a teacher at Maktab Anbar. My father wanted to live in a modern – less conservative quarter. He moved us to Sha’laan in the 1930s … There were many French, Italian, and Greek families in the Sha’laan Quarter … Everything was available in Sha’laan. There were grocers and butchers. All the buildings you see here are new. Most of the houses were of traditional Ar- abic style except for the French styled ones such as this building on the corner and the houses on the right side of the lane you see on your way to Arnous … Present Sibki Park was not there. There was a farm where cows were raised and where we used to go with our grandmother to buy milk. (Abu Wadi’, interview September 2008). The rapid development of an area of orchards and farms on the outskirts of Damascus at the end of WWI and during the French mandatory period is a perfect reflec- tion of the dynamic transformation of contemporary Damascus in the 20th century. In recent decades, this area, once officially known as Shouhada, has come to be known as the Sha’laan quarter because of its close 29 30 The Making of a Cosmopolitan Quarter: Sha’laan in the 20th attachment with the Aneza Bedouin leader, Nuri Sha’laan of the Ruwalla tribe. This quarter is approxi- mately equidistant between the old city of Damascus and the important centuries-old village, - now urban quarter - of Salhiyya along the foothills of Mount Kassoun.
    [Show full text]
  • The “Islamist Winter” Pre-Emptively Targets “Arab Life” by Hiring “Arab Barbarians”
    laws Article The Legal Principles of Bethlehem & Operation Timber Sycamore: The “Islamist Winter” Pre-Emptively Targets “Arab Life” by Hiring “Arab Barbarians” Khaled Al-Kassimi Department of Political Science, McMaster University, Hamilton, ON L8S 4L8, Canada; [email protected] Abstract: The following legal-historical research is critical of “Islamist” narratives and their de- sacralized reverberations claiming that Arab-Muslim receptivity to terror is axiomatic to “cultural experiences” figuring subjects conforming to Arab-Islamic philosophical theology. The critique is founded on deconstructing—while adopting a Third World Approach to International Law (TWAIL)— the (im)moral consequences resulting from such rhetoric interpreting the Arab uprising of 2011 from the early days as certainly metamorphosing into an “Islamist Winter”. This secular-humanist hypostasis reminded critics that International Law and International Relations continues to assert that Latin-European philosophical theology furnishes the exclusive temporal coordinates required to at- tain “modernity” as telos of history and “civil society” as ethos of governance. In addition, the research highlights that such culturalist assertation—separating between law and morality—tolerates secular logic decriminalizing acts patently violating International Law since essentializing Arab-Muslims as temporally positioned “outside law” provides liberal-secular modernity ontological security. Put differently, “culture talk” affirms that since a secular-humanist imaginary of historical
    [Show full text]
  • 9780190876067.Pdf
    SYRIA DAWN CHATTY Syria The Making and Unmaking of a Refuge State A A Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016 Copyright © Dawn Chatty 2017 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. Library of Congress Cataloging-in-Publication Data is available Dawn Chatty. Syria: The Making and Unmaking of a Refuge State. ISBN: 9780190876067 Printed in India on acid-free paper CONTENTS Acknowledgements ix Introduction 1 1.
    [Show full text]
  • Designing Fast Transportation Network in Damascus: an Approach Using Flow Capturing Location Allocation Model
    ISSN 2409-2665 Journal of Logistics, Informatics and Service Science Vol. 7 (2020) No. 1, pp. 58-66 DOI:10.33168/LISS.2020.0105 Designing Fast Transportation Network in Damascus: An Approach Using Flow Capturing Location Allocation Model Samer Dakak1, Fouad Wahbeh2 1Arab International University, Ghabagheb, Daraa, Syria 2Higher Institute of Business Administration, Damascus, Syria [email protected] Abstract. The increasing population in large cities, such as Damascus, leads imperatively to upgrade the transport system to fulfill new requirements in terms of modern, effective, secure, operational and fast transport network services. Damascus future Metro network is probably one of the solutions to realize the social, economic and technological development. This paper applies Flow Capturing Location Allocation Model (FCLM) to trace the optimal lines, localize the appropriate stations, and estimate the approximate cost. It suggests changes to Damascus directorate Initial line plans based on optimal stations localization criteria.. Keywords: Transportation Management, Damascus Metro Network, Flow Capturing Location Allocation Model, Station Localization. 1. Introduction Damascus city population amounts to 7 million with around 200000 registered vehicles in 2016. According to General Company of Technical Studies and Consulting, nearly 84 million passengers are circulating in Damascus per year. National Statistics estimate that Damascus city population will reach 2020 approximately 8 million and approximately 16 million in 2040. The Syrian capital is a focal point because of its commercial and industrial importance and it is located in the highway between Jordan and Turkey. Similar to many old cities, Damascus has certain specific features affecting its transport circulation system (Hall, 2012): -Narrow streets and one-line crossings.
    [Show full text]
  • Damascus Papers
    Damascus Papers Sixty per cent of the Christians of Syria are now believed to have fled their country. (Robert Fisk, 9/26/13) With the decision to arm the opposition fighting Syrian President Assad, the United States effectively declared war on Syria’s indigenous Christians — a continuation of the same war it has waged on Christians throughout the Mideast, resulting in the abuse, death, and mass exodus. Ironically, if not absurdly, the Obama administration is presenting its current war as a war to safeguard the “human rights” and “freedoms” of the Syrian people, a humanitarian war to be executed by Tomahawk missiles. An even greater irony is the CIA’s involvement in the mass sarin gassing of Syrian children. At root the controversy is about the green light the Obama administration gave the House of Saud, also Qatar, to use NATO transit points in Turkey to infiltrate Wahabi religious ex- tremists into Syria. The flavor of the Wahabi movement can be derived from last year’s fatwa issued by the Grand Mufti of Saudi Arabia to destroy all churches in the Arabian Peninsula. In light of the heinous attacks conducted against Christians in Syria, we see where all this is tending, namely, to the complete eradication of Christianity in the land of its cradle. But it is not just in Syria that Wahhabi-Salafi ideology has been threatened, but also against Russia itself, particularly in Chechna. Islamic expert Roman Silantyev pointed this out, that “Wahhabi leaders should mind that not long ago wars were declared for even more minor issues.
    [Show full text]
  • He Didn't Have To
    HUMAN RIGHTS “He Didn’t Have to Die” Indiscriminate Attacks by Opposition Groups in Syria WATCH “He Didn’t Have to Die” Indiscriminate Attacks by Opposition Groups in Syria Copyright © 2015 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-32361 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org MARCH 2015 978-1-6231-32361 “He Didn’t Have to Die” Indiscriminate Attacks by Opposition Groups in Syria Summary ........................................................................................................................... 1 Car Bombings and Improvised Explosive Devices ..................................................................... 2 Indiscriminate Shelling of Populated Areas ............................................................................... 3 Justifying the Attacks
    [Show full text]
  • Haggar Brothers
    Haggar Brothers Name Eteco Logo DUNHAM-BUSH Brand Refrigeration and heating equipment and the adaptation of Elevator Business Bureau of Engineering - Studies Electrical and mechanical equipment 2320100/0944211201 Phone 4410333 Fax a.hajjar @ scs-net.org E-mail Sayyad Mohammad Farooq Name Faruq Trade Logo Elevator Business Electric tools and extensions 2459390/2219647 Phone 6216661 Fax Tersian Name Technical Bureau of Elevator Logo Elevator Business 2319151 Phone 2318495 Fax Mohamed Albulad Name Sham of the mechanical and electrical Logo Equipment and machinery and agricultural and industrial engines and spare Elevator Refrigeration and heating equipment and the Business adaptation of Public undertakings and the provision of materials Bureau of Engineering - Studies 3324228/0933306632 Phone 3310534 Fax [email protected] E-mail Nouar ropes Name Elevator Business 2245396/0944282486 Phone 2228327 Fax [email protected] E-mail Bassam Allarga Smady Name Atlas Elevator Brand Elevator Business 2313318/0944324262 Phone 2313317 Fax [email protected] E-mail Sayyad Mohammad Fouad Name The heart of the trade Logo Elevator Business 2219647 Phone 2241319 Fax Mohammed Riaz Tabbaa Name Public undertakings and the provision of materials Elevator Business Equipment and medical instruments and laboratory 2219837 Phone 2242326 Fax Majd Darwish Name Darwish Trading - m Logo Elevator Business Lighting and chandeliers and apparatus 4414463/0944266750 Phone 3321170 Fax darwich.co @ mail.sy E-mail Muhammed kadimi Name Office of Technical Elevator Logo Baghdad
    [Show full text]
  • Country Reports on Human Rights Practices - 2005 Released by the Bureau of Democracy, Human Rights, and Labor March 8, 2006
    Syria Page 1 of 19 Facing the Threat Posed by Iranian Regime | Daily Press Briefing | Other News... Syria Country Reports on Human Rights Practices - 2005 Released by the Bureau of Democracy, Human Rights, and Labor March 8, 2006 Syria, with a population of approximately 18 million, is a republic under the authoritarian presidential regime of Bashar al-Asad. The president, with counsel from a small circle of security advisors, his ministers, and senior members of the ruling Ba'ath Party, makes key decisions regarding foreign policy, national security, internal politics, and the economy. An unopposed referendum in July 2000 confirmed President al-Asad for a seven-year term. The president appoints vice presidents, the prime minister, deputy prime ministers, and the cabinet, or Council of Ministers. The law mandates the primacy of Ba'ath party leaders in state institutions and the parliament; party leaders influenced all three branches of the government. The parliament, elected in March 2003, may not initiate laws but only assess and at times modify those proposed by the executive branch. The constitution provides for an independent judiciary; however, courts were regularly subject to political influence and bribery. The government maintained effective control of the security forces, and members of the security forces committed numerous, serious human rights abuses. The government's human rights record remained poor. On October 19 and December 12, the UN issued reports identifying high-ranking Syrian security officials as suspects in the February assassination of the former Lebanese prime minister, Rafiq al-Hariri. During the year there was an increase in arbitrary arrests carried out by authorities.
    [Show full text]
  • Syrian Chemical Attack: More Evidence Only Leads to More Questions
    Syrian Chemical Attack: More Evidence Only Leads to More Questions By Yossef Bodansky Theme: US NATO War Agenda Global Research, September 13, 2013 In-depth Report: SYRIA Oilprice.com The paucity of revealed facts highlights the reality that little is really known about the actual attack. There is still no agreed upon number of fatalities, with unverified claims ranging from the US assertion of 1,429 fatalities to the French assertion that only 281 were killed. In other words, the French Intelligence number is about 20 percent that of the US assertion. Most Syrian opposition sources now put the number of fatalities at between 335 and 355, as does the non-governmental organization, Doctors Without Borders/Médecins Sans Frontières (MSF). This is about 25 percent of the US number. Either way, this is too huge a gap not to be explained and substantiated. It is still not clear what type of agent killed the victims. To-date, the US position in documents submitted to Congress is that the victims died as a result of “nerve agent exposure”. Orally, however, Secretary Kerry claimed the US has proof it was sarin. The French intelligence report also attributes the deaths to “chemical agents” without further identification. The most explicit finding to-date comes from the UK’s Defence Science Technology Laboratory. Soil and cloth samples “tested positive for the nerve gas sarin”. The sarin in the cloth was in liquid form that soaked into the cloth. As discussed below, this finding reinforces the conclusion that “kitchen sarin” was used. Hence, so much will depend on the UN’s findings when their tests are completed.
    [Show full text]
  • Jus Gentium & the Arab As Muselmänner
    JUS GENTIUM & THE ARAB AS MUSELMÄNNER JUS GENTIUM & THE ARAB AS MUSELMÄNNER: THE “ISLAMIST WINTER” IS THE PRE-EMPTIVE (CREATIVE) CHAOS OF THE “ARAB SPRING” MULTIPLYING NECROPOLISES By KHALED AL-KASSIMI, H.B.A, M.A A Thesis Submitted to the School of Graduate Studies in partial fulfilment of the requirements for the Degree Doctor of Philosophy McMaster University © Copyright by Khaled Al-Kassimi, September 2020 McMaster University PHILOSOPHICAL DOCTORATE (2020), Hamilton, Ontario, Canada Title: Jus Gentium & the Arab as Muselmänner: The “Islamist Winter” is the Pre-Emptive (Creative) Chaos of the “Arab Spring” Multiplying Necropolises Author: Khaled Al-Kassimi, H.B.A (University of Toronto), M.A (McMaster University) Supervisor: Professor J. Marshall Beier Pages: iii – 286 ii “When did you start turning people into slaves when their mothers gave birth to them as free human beings?” ― Caliph Umar Ibn Al-Khattab (d. 644) “…An art, which has an aim to achieve the beauty, is called a falsafa (philosophy) or in the absolute sense it is named wisdom. A just city (Madina al-Fadila) should favor justice and the just, hate tyranny and injustice, and give them both their just deserts…We can achieve happiness only then when we have a beauty; and we have a beauty thanks to philosophy. The truth is that only because of philosophy we can achieve happiness.” ― Abū Nasr Al-Farabi (Lat. Alpharabius) (d. 950) “…If you advise someone on the condition that they have to accept it, then you are an oppressor” ― Abū Muḥammad Ibn-Hazm al-Andalusi (d. 1064) “…Declare your jihad on thirteen enemies you cannot see – egoism, arrogance, conceit, selfishness, greed, lust, intolerance, anger, lying, cheating, gossiping and slandering.
    [Show full text]