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STRUCTURAL
INVESTIGATION
BASED ON INSIDER
PHOTOS
Starting an investigation
without suspects
To investigate crimes under
universal jurisdiction,
French authorities must be
able to prove the physical
presence (for torture and
enforced disappearances) or
the residence (for the Rome
Statute crimes) of a suspect in
France.
The Caesar investigation
Developments in
2018
The Caesar investigation is still
ongoing, in collaboration with other
European countries, in particular
Germany, following the creation
in 2018 of the joint investigative
team between the French and
German authorities.
Yet a structural investigation
on Syria is currently ongoing,
in which the accused were
initially not identified.
How? France first based its
jurisdiction on the possibility
some perpetrators came
to France to claim asylum,
proving de facto their
presence in the country.
In 2018, this structural
investigation became part
of a joint investigation with
Germany (see below).
Procedure
A former photographer, codenamed
Caesar, with the military police of
the Syrian regime sought refuge
in Europe after fleeing Syria with
thousands of pictures of dead and
abused bodies, attesting to the torture
committed in the jails of the regime of
Bashar al-Assad.
In September 2015, on the basis of
these pictures, the French ministry of
foreign affairs requested that the Paris
prosecutor of the French specialized
unit for the prosecution of genocide,
crimes against humanity, war crimes
and torture within the Paris High Court
(Tribunal de Grande Instance de Paris)
open a preliminary investigation into
crimes against humanity, war crimes
and torture. France has jurisdiction
over these alleged crimes if one or
more of the victims is French, or if a
suspect has established his habitual
residence on French territory, or, in
the case of the crime of torture, if a
suspect is located on French territory.
Investigations are ongoing.
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