IS SELLING SPYING DEVICE TO ALASSAD’S REGIME COMPLICITY IN TORTURE? QOSMOS Context Ongoing proceedings before the French specialized unit for the prosecution of genocide, crimes against humanity, war crimes and torture, within the Paris High Court (hereinafter “the specialized unit”), for allegedly aiding and abetting crimes of torture committed in Syria since 2011 Suspects French companies, including QOSMOS, and their management, as accomplices to acts of torture Country of residence of suspects France Charges Aiding and abetting acts of torture by allegedly supplying surveillance material to the Bashar al-Assad regime in Syria Developments in 2018 In January 2018, the investigative judge in charge of the case notified his intention to close the investigation. Shortly afterwards, FIDH and LDH filed a brief requesting the audition of a witness, which was accepted by the judge. Current status Under investigation Facts The brutal crackdown led by the Syrian regime against civilians since March 2011 has led to more than 400,000 deaths, mainly of civilians, as well as innumerable arbitrary detentions, enforced disappearances, and cases of systematic torture in detention centers. In the early years of the conflict, the Bashar al-Assad regime specifically targeted human rights defenders, activists and cyberactivists. Identifying and tracking these targets was possible thanks to sophisticated communication surveillance tools, including, it is believed, technology designed by French technology company, QOSMOS. The company specializes in developing tools designed to analyze digital data in real time, enabling intelligence services to intercept live electronic communications by identifying specific key words, and to thus target and repress dissident voices. Procedure On 22 July 2012, FIDH and LDH filed a request with the Paris Prosecutor (Tribunal de Grand Instance de Paris) to open an investigation into the possible supply by French companies, including QOSMOS, of surveillance material to the Syrian regime. On 11 April 2014, the case was transferred to the specialized unit and a judicial investigation into the alleged role of QOSMOS in aiding and abetting acts of torture in Syria was opened. In April 2015, after being questioned by the investigative judge, QOSMOS was attributed the status of “assisted witness”. This status, which can be used prior to a formal indictment, may be applied to any person (including 32 a company) accused by a witness, or when there is some evidence that a person may have been complicit, as a perpetrator or an accomplice in committing the crimes under investigation. In July 2015, five Syrian victims testified anonymously as witnesses in the case. All five witnesses had been identified, arrested, and tortured by the Syrian regime following surveillance of their electronic communications. They described in detail the violence they suffered in detention. For security reasons, they were not able to act as civil parties in the case (because this would have required them disclosing their identities). Read more about the case