SYRIAN CASE CALLS SPAIN’S JURISDICTION INTO QUESTION Names withheld Context Ongoing proceedings in Spain for alleged serious crimes under international law committed in Syria since 2011 Suspects Nine high-level Syrian members of the security and intelligence forces directives equate the concepts of direct and indirect victim in order to hold legitimacy to exercise jurisdiction and give competence to the Spanish courts. Current status Closed; recourse ongoing to the Spanish Supreme Court Facts On 17 February 2013, Abdulmuemen Alhaj Hamdo, a Syrian national born in Idleb, disappeared while covering his daily delivery shift as a professional transporter between the municipality of Mashta el Helou and the city of Homs in western Syria. Charges In 2015, Abdulmuemen Alhaj Hamdo’s eldest son recognized the body of his father on several photographs taken by a forensic photographer codenamed Caesar, who deserted from the Syrian army. Caesar made public over 50,000 photos evidencing various crimes committed in detention centers of the Syrian government since 2013. Terrorism, enforced disappearances and torture Procedure Developments in 2018 On 1 February 2017, Amal Hag Hamdo Anfalis filed a complaint with the Spanish National Court (Audiencia Nacional) against nine high-level military and government officials of the Syrian Arab Republic, for alleged acts of terrorism and enforced disappearance committed against her brother, Abdulmuemen Alhaj Hamdo. Country of residence of suspects Unknown In February 2018, the law firm “Guernica 37 International Justice Chambers” requested the Spanish Supreme Court to admit their complaint and to order the reopening of the investigation. They also asked the Constitutional Court to examine the constitutionality of the current law on universal jurisdiction in Spain. In parallel, they seized the Court of Justice of the European Union to know if the current definition of a victim under the Spanish legislation is in accordance with European regulations, and if the European The complaint is directed against: Ali Mamluk, head of the Syrian National Security Bureau (NCB); Abdul-Fattah Qudsiyeh, deputy head of the NCB; Mohammad Dib Zeitun, head of the General Syrian Security Directorate; Jamil Hasan, head of the Syrian Air Force Intelligence Directorate; Faruq Al-Sharaa, former vice president; Mohamed Said Bekheitan, deputy head of ruling Baath Party; Mohammad AlHajj Ali, major general; General Jalal 62 Al-Hayek; Colonel Suleiman Al-Yusuf; and another high-level official of the Syrian government. On 27 March 2017, Judge Eloy Velasco Núñez declared the complaint admissible and opened an investigation. Judge Eloy Velasco requested that Eurojust ascertain whether there were other countries of the European Union investigating international crimes committed by the administration of the Syrian Arab Republic. He also ordered that testimonies be obtained from the victim, witnesses, and expert witnesses, and that rogatory letters be sent. On 30 March 2017, the Spanish public prosecutor appealed this decision. On 27 July 2017, the Spanish National Court decided to dismiss the case after the public prosecutor argued it lacked jurisdiction to judge the crimes committed. The law firm “Guernica 37 International Justice Chambers” appealed the decision before the Appeals Chamber of the Spanish National Court. On 15 December 2017, the appeal was rejected. OTHER ONGOING CASES • The Jesuit murder case: investigation reopened in San Salvador in 17 April 2018 after it was suspended in 2000 • The Guantanamo case: appeal of the closing of the investigation is ongoing