Universal Jurisdiction Mapping of Cases in France
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Syria

Sami K. [CASE DISMISSED]

Type of liability
Personne physique

Alleged perpetrator(s)
Sami K.

Nationality of alleged perpetrator(s)
Syrian

Legal classification of crime(s)
Crimes against humanity
Torture and acts of barbarity
War crimes

Source of the complaint
Article 40 CCP

Ongoing proceedings
non

Regime
2 - 689-1 CPP
3 - 689-11 CPP

Summary of facts

A Syrian army officer, Sami K. defected in February 2012. He was one of the first officers to denounce the Damascus regime’s crackdown on the uprising and to join the Free Syrian Army (FSA), of which he became one of the spokespersons.

He left the country in 2013 and settled in France, where he applied for asylum.

Amnesty International France recalls that everyone is presumed innocent until proven guilty according to law.

Legal proceedings

<p>In February 2017: OFPRA reports the matter to the Public Prosecutor’s Office, considering that Sami K. may have been guilty of crimes of the Syrian regime.<br />
April 24, 2017: The PNAT opens a judicial investigation for “crimes against humanity,” “torture” and “war crimes.”<br />
In May 2018: The Caen Administrative Court annuls his OQTF (obligation to leave French territory).<br />
In June 2018: He is granted assisted witness status.<br />
In January 2019: The investigation is closed.<br />
In July 2020: The PNAT issues a supplementary prosecution submission asking the investigating judge to conduct further hearings. The investigating judge refuses, in the absence of serious or corroborating evidence.<br />
January 25, 2021: A dismissal order is issued.</p>

Complaint

non

Legal basis for jurisdiction (article)

689-2 CCP
689-11 CCP

Sources

Le Parisien, "Victime et non bourreau : un ex-officier syrien réfugié en France blanchi par la justice", 2021