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Syria

Ali Mamlouk, Jamil Hassan, Abdel Salam Mahmoud (known as the Dabbagh case, after the victim)

Type of liability
Personne physique

Alleged perpetrator(s)
Jamil HASSAN, Ali MAMLUK, Abdel Salam MAHMOUD

Nationality of alleged perpetrator(s)
Syrian

Legal classification of crime(s)
Complicity in crimes against humanity
War crimes

Source of the complaint
NGO
Victim

Ongoing proceedings
non

Regime
4 - 113 CP

Summary of facts

In November 2013, Patrick Dabbagh and his father Mazen Dabbagh, both French-Syrian nationals residing in Syria, were arrested at their home by officers of the Syrian Air Force Intelligence and detained for interrogation at the Mezzeh detention center, on the outskirts of Damascus. They have never been seen again.

In July 2018, the Dabbagh family was formally notified by the Syrian authorities that Patrick and Mazen Dabbagh had died. According to the UN Commission of Inquiry, Mezzeh is one of the detention centers with the highest mortality rate.

Jamil Hassan was for many years an adviser to President Bashar al-Assad before becoming Director of the Syrian Air Force Intelligence in 2009. Hundreds of detainees under his control were allegedly subjected to torture, inhuman treatment and extrajudicial executions.

Ali Mamluk is one of the founders of the Syrian Air Force Intelligence. Since June 2005, he has headed the National Security Bureau. Because of his role in the repression of the Syrian population, Ali Mamluk has been subject to European Union and United States sanctions since 2011.

Abdel Salam Mahmoud was in charge of the Syrian Air Force Intelligence at the Mezze military airport.

They are accused of being the indirect perpetrators of, or accomplices in, unlawful arrests, detentions, torture, sexual violence and other inhumane acts committed in the detention centers of these branches between May 2011 and July 2015.

Legal proceedings

<p>October 24, 2016: Obeida Dabbagh, a French-Syrian national, files a complaint on behalf of his nephew and his brother, Mazen and Patrick Dabbagh, also French-Syrian, together with FIDH and LDH.<br />
In October 2018: the French authorities issue international arrest warrants against three senior officials of the Syrian intelligence services: Jamil Hassan (Director of Air Force Intelligence), Ali Mamluk (Director of the National Security Bureau) and Abdel Salam Mahmoud. They are accused of “complicity in acts of torture,” “complicity in enforced disappearances,” “complicity in crimes against humanity,” and “war crimes and war offenses.”<br />
In 2019: the investigating judges hear about 20 new witnesses who had been held at the Mezzeh center in Damascus.<br />
In 2021: the investigating judges hear the NGO Syrian Center for Media and Freedom of Expression (SCM) as a civil party in the proceedings.<br />
January 27, 2023: the prosecutor requests the committal of Ali Mamlouk, Jamil Hassan and Abdel Salam Mahmoud for trial before the Paris Assize Court for complicity in crimes against humanity (willful attacks on life, torture, enforced disappearance, imprisonment or other severe deprivation of liberty) and war offenses (extortion and concealment of extorted property) committed against Patrick Abdelkader and Mazzen Dabbagh.<br />
March 29, 2023: the investigating judges of the Crimes Against Humanity Unit of the Paris Judicial Court order the committal of Ali Mamlouk, Jamil Hassan and Abdel Salam Mahmoud for trial before the Paris Assize Court on the same charges.<br />
From May 21 to 24, 2024: trial in absentia before the Paris Assize Court.<br />
May 24, 2024: Ali Mamlouk, Jamil Hassan and Abdel Salam Mahmoud are sentenced in absentia to life imprisonment for “complicity in a crime against humanity” and “war offense.”</p>

Legal issues

Immunity

Complaint

non

Names of NGOs / Victim(s)

Obeida Dabbagh
FIDH
LDH
SCM

Legal basis for jurisdiction (article)

113-7 PC

Court of Assizes judgment

May 24, 2024: Ali Mamelouk, Jamil Hassan and Abdel Salam Mahmoud are sentenced in absentia to life imprisonment for “complicity in a crime against humanity” and “war offense”

Sources

TRIAL International, "Universal Jurisdiction Annual Review 2022"

FIDH, "Q&A sur l’affaire Dabbagh : la justice française ordonne le procès de trois hauts responsables syriens devant la Cour d’assises de Paris", 2023

FIDH, "Syrie/Affaire Dabbagh - La justice française ordonne le procès d’Ali Mamlouk, Jamil Hassan et Abdel Salam Mahmoud", 2023

FIDH, "La justice française condamne à la perpétuité trois proches de Bachar el Assad pour crimes contre l’Humanité", 2024