Berlin/Koblenz, 1 July 2021 – Even though the first trial worldwide on state torture in Syria is historically significant, there is no official documentation of the proceedings at the Higher Regional Court in Koblenz. To change this, 23 German and international academics, research institutions and human rights organizations, including Lawyers and Doctors for Human Rights, together with the European Center for Constitutional and Human Rights, sent a motion to the court today. They demand to tape the final stage of the proceedings, e.g. the closing statements and the announcement of the verdict, to preserve them for future generations.
“The Auschwitz trials, the Stammheim trial and numerous international criminal proceedings demonstrate that the documentation of such historic trials, also through original recordings, are a highly valuable contribution to addressing the past, to education of future generations and not the least for research purposes. The recordings of the Syria trial could play an equally important role”, says Florian Jeßberger, professor for criminal law and modern legal history at Humboldt-Universität zu Berlin and one of the petitioners.
In Germany, legal proceedings are usually neither recorded, filmed, nor documented word-for-word in writing. However, German courts can order recordings of trials of outstanding historic significance for scientific and historical purposes. The recordings are then archived and can be made available upon request. The Koblenz court has already dismissed motions on audio recordings twice for reasons of impact on witness testimonials. However, this reason does not justify the full dismissal of audio recordings.
“The al-Khatib trial is undeniably a milestone in the history of international criminal law – it is the first step to address the crimes in Syria. For the first time, the Syrian state torture system and the Assad regime’s crimes the international community has been dealing with for decades are investigated and prosecuted” says Wolfgang Kaleck, ECCHR’s general secretary.
As a civil society organization working directly with Syrian ex-detainees, LDHR considers that the Al-Khatib trial is of utmost significance for both the Syrian people and the international community, and an important step forward for achieving accountability for the vicious crimes committed by the Syrian regime, to show that impunity for crimes against humanity cannot prevail. Germany’s contribution to this cause has major political ramifications and will remain as a significant event in German history. Moreover, the Syrian refugees established in Germany now form an integral part of German society. This and other trials related to the Syrian conflict will not only help the future generations uncover the truth about what happened in their country of origin but will also form part of their identity and contribute to the collective healing process.
Mansour Omari, Syrian journalist and human rights defender, adds: “especially for us, Syrians, it is essential to preserve the trial for future generations. The proceedings in Germany can form the basis for addressing the crimes committed in Syria, for the healing processes of the next generations and to establish a collective memory.”
The documentation of criminal proceedings can have a key function for societies as a whole to address systemic injustices. Thus, all international criminal courts record their proceedings. In 2017, UNESCO also declared the Auschwitz trial records a Memory of the World document.
The motion was also filed by, among others,
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Dr. Florian Jeßberger, Humboldt University Berlin, Faculty of Law
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Forum Justizgeschichte e.V.,
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Mansour Al Omari, journalist and human rights activist
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Syria Justice and Accountability Centre
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International Research and Documentation Centre for War Crimes Trials, Philipps-University of Marburg
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Institute for Legal Intervention of the European Center for Constitutional and Human Rights e.V.
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Dr. Moritz Vormbaum, University of Münster, Faculty of Law
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Caesar Families Association e.V.
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Human Rights Watch
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Syrian Archive/ Mnemonic
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Syrian Center for Legal Research and Studies
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Tahrir Institute for Middle East Policy
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Alexandra Kemmerer, Max-Planck-Institut for Comparative Public Law and International Law
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Syrian Legal Development Programme