INVESTIGATIONS AT A STANDSTILL AGAINST THE “BUTCHER OF HAMA” Rifaat al-Assad Context Ongoing proceedings in Switzerland against the former head of the Defense Brigades in Syria for alleged war crimes committed in Hama in 1982 Suspect Brother of the former Syrian President Hafez al-Assad and uncle of the current President Bashar alAssad; former head of the Defense Companies, Syria’s elite commando troops, from 1971 to 1984 to two other victims, even though their families were still present in Syria. Then the federal prosecutor decided to dismiss part of their complaints concerning the Tadmor prison massacre, where one thousand detainees were allegedly massacred by Rifaat-al-Assad troops, stating that the suspect was not present on the Swiss territory when the complaint was filed. On 17 September 2018, the victims appealed this dismissal. The court confirmed the decision, however, saying that Swiss prosecuting authorities are allowed to open an investigation when there is information that the suspect will be present in the near future. In August 2018, a letter signed by the special rapporteurs on torture and on the independence of judges and lawyers to Switzerland was published by the United Nations. It heavily criticized Switzerland for alleged lack of independence and political interferences concerning the cases against Khaled Nezzar and Rifaat al-Assad. Country of residence Current status of suspect Various Charges War crimes allegedly committed in Hama in 1982 Developments in 2018 The federal Court dismissed the denial of justice allegations, considering that the extensive delay could be explained by the complexity of the case. A survivor of the Hama massacre was interviewed in June 2018 under condition of anonymity. The federal prosecutor in charge of the case first refused to grant anonymity Under investigation Facts On 27 June 1980, the Defense Companies, commanded by Rifaat al-Assad, attacked the Tadmor prison. More than 1,000 detainees were massacred in their cells. Rifaat al-Assad, as the commander of the Defense Companies, is also suspected of participating in the massacre of several thousand people in Hama during the civil war in Syria from 1979 to 1982. In February 1982, opponents of the regime took up arms in Hama. As retaliation, the Syrian armed forces, including the Defense Companies, attacked the city. The civilian population was trapped in Hama 68 for almost a month. The estimated number of civilian casualties ranges from 10,000 to 40,000 people, depending on the sources. Procedure In November 2013, after being informed that Rifaat al-Assad was in Switzerland, TRIAL International lodged a complaint with the Office of the Attorney General of Switzerland regarding the massacre of Hama. A criminal investigation for war crimes was opened in December 2013. In August 2014, a victim joined the proceedings. In September 2015, Rifaat alAssad returned to Geneva. TRIAL International and the victim asked the Swiss authorities to arrest him. After the Office of the Attorney General refused to proceed with his arrest, the victim filed a motion for provisional measures before the Federal Criminal Court. Two days later, the Office of the Attorney General was ordered to audition Rifaat al-Assad. In 2016 and 2017, TRIAL International filed several more complaints. It also brought to the case ample evidence and a list of witnesses ready to testify. As the proceedings continued, six more victims joined the case. On 25 September 2017, a collective of lawyers revealed the existence of the criminal investigation pending in Switzerland, since 2013, against Rifaat al-Assad. Four years after the opening of the investigation, they denounced a denial of justice from the Office of the Attorney General. Read more about the case