The Special Commissioner for Missing Persons at the Ministry of Foreign Affairs, Bahia Mardini, affirmed that the trial of Atef Najib represents a historic step, as it is the first Syrian judicial decision to rely on international humanitarian law to prosecute perpetrators of torture and premeditated murder.
Mardini stated that the indictment issued by the referral judge spans sixty pages and is legally based on integrating Syrian penalties with international conventions. This will complement any future transitional justice legislation, removing legal obstacles to holding perpetrators accountable.
"This is the first decision issued by a Syrian judge of this nature, treating torture as a crime against humanity in accordance with the Convention against Torture, which Syria ratified in 2004."
The court is presided over by Judge Fakhr al-Din al-Aryan, who previously faced death sentences in absentia and confiscation of property after defecting from the former regime. Al-Aryan sided with justice early on in protest against the massacres perpetrated by the regime's security forces against civilians and children.
Mardini believes that the presence of a judge who paid the price for his human rights stance on the bench gives the families of the disappeared real hope of uncovering the truth. The accused, Atef Najib, faces direct charges of torture and murder, crimes that do not have a statute of limitations according to the international standards adopted by the resolution.
Zaman Al Wasl
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