Universal Jurisdiction Mapping of Cases in France
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Syria

Qosmos [CASE DISMISSED]

Type of liability
Personne morale

Alleged perpetrator(s)
QOSMOS

Nationality of alleged perpetrator(s)
French

Legal classification of crime(s)
Complicity in acts of torture

Source of the complaint
NGO

Ongoing proceedings
non

Regime
3 - 689-11 CPP

Summary of facts

In the early years of the Syrian conflict, Bashar al-Assad’s regime reportedly specifically targeted human rights defenders, activists and cyber-activists. The identification of these targets by Bashar al-Assad’s regime was made possible by sophisticated communication tools.

The French company Qosmos, which specializes in providing Deep Packet Inspection, is accused of having contributed to supplying the Syrian regime with surveillance equipment enabling the Syrian intelligence services to intercept, in real time, electronic communications identified by means of keywords, and thereby to identify dissenting voices.

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

Legal proceedings

<p>July 22, 2012: FIDH and LDH file a report asking the French judicial authorities to investigate the possible liability of the company Qosmos, or of any other French company, in the provision of a system enabling the Syrian regime to monitor the population’s communications in real time.<br />
April 11, 2014: A judicial investigation is opened into Qosmos’s role in the alleged acts of “complicity in acts of torture” committed in Syria.<br />
April 17, 2015: After being questioned by the investigating judge, Qosmos is granted assisted witness status.<br />
In July 2015: Five Syrian victims testify anonymously. The five witnesses heard had been identified, arrested and tortured by the Syrian regime following the surveillance of their electronic communications. For security reasons, they were unable to join the proceedings as civil parties, as this would have led to the disclosure of their identities.<br />
In January 2018: The investigating judge in charge of the case gives notice of the intention to close the judicial investigation. Shortly afterwards, FIDH and LDH file a request to hear a new witness. This request is granted by the investigating judge.<br />
February 8, 2021: The investigating judge issues a dismissal order.</p>

Complaint

non

Names of NGOs / Victim(s)

FIDH
LDH

Legal basis for jurisdiction (article)

689-11 CCP

Sources

FIDH, "Questions/réponses sur l’affaire Qosmos", 2012

Ouest France, "Syrie. Non-lieu pour Qosmos, société française accusée de complicité de crimes contre l’humanité", 2021