Time is ensured by evidence in Syria, says lawyer Quebec

The fall of the Syrian government Bashar Al-Assad offers an unprecedented opportunity to gather evidence of crimes committed during the civil war. A month and a half after conversion of the regime, a UN established mechanism to support the reconnaissance processes related to Syria is still waiting for the authority of Damascus to deploy their team on the ground, explains his boss, “Quebec lawyer Robert Petit.

1^er Last May, the one who combines huge expertise in the field of international criminal judiciary has taken the management in international, impartial and independent mechanism (MIII), responsible for facilitating surveys on violations of international law committed in Syria since 2011. Created in 2016 through the UN. The General Assembly is a mandate of MII to help courts that increase the prosecution for crimes committed in Syria.

When the al-Assad mode collapsed on 8 December, Miii immediately asked the Hayat Tahrir Al-Cham (HTC) authorization to go to Syria before. “Once we finally received this permit that was quite long (could be obtained), the next day we were on the plane to create this first contact,” MP explains^E Small, from Geneva.

On December 21, the Masters New Damascus has been official to MII to carry out its investigative activities in Syria. Since then, Robert Petit has been waiting for an answer. “I’m sure. (…) We found it to be receptive, ”he said Obligation. Officer Miii was able to stay in place to “continue dialogue” with the authorities.

To destroy evidence

But time is ensured by evidence, says lawyer Quebec. Although the Al-Assad mode fell in a few days, it was enough to destroy the documents. “I saw a shelves full of ash, hard drives and computers destroyed by a heel or hammer.” »»

Other elements of the evidence rose in a storm that accompanied HTC. “There were many well -intentioned people who took things to keep them,” said Mr.^E Little. Since then, the authorities have asked Syria to return what they took home. “We know that there are many (of these objects) that have been returned, but still some in the hands of individuals or groups.” »»

HTC – which inherited a country bruised for 13 years of civil war and conducted by a serious humanitarian crisis – has limited means to ensure and maintain these evidence, which is essential for justice to be carried out. And this is the place where the contribution of MIII could prove fertile, believes m^E Small, which relies on a team of 82 employees, including investigators and prosecutors.

“We are the Office of Public Prosecutors specializing in war crimes that have only worked on Syria for eight years, only working on mass crimes committed in Syria, with amazing evidence. »»

Since 2016, MIII has provided documents, testimony and analytical reports that have enabled nearly 230 surveys and prosecution in 16 countries on genocide crimes, war crimes and crimes against humanity committed since 2011 in Syria by al-Assad or according to another group , like Daesh. “We have 283 TERAOCTES data here.” »Information collected by sources in the field, among other things.

Temporary justice

If MIII acquires the authorization to open an office in Syria, evidence that could be made and maintained will continue to belong to the churches, explains M^E Small and it will be up to them to decide what they want to do about it.

A “inclusive and transparent” discussion must be selected to choose a justice model that could be introduced. This system of “transient justice” – enabling the reconstruction of the company and opening the reconciliation method could take several forms. Criminal proceedings could be induced – at national or international level – for example for the most serious crimes, accompanied, for example, by the process of truth and reconciliation.

Robert Petit today asks the international community to be there. “The goal (for which MIII has been created) now becomes feasible, so you have to give resources.” Since the first days of the fall of the Al-Assad regime, new requests for help have also been submitted in MIII. “There is a whole category of authors of crime who no longer have refuge.” »»

It is also necessary for the cheese to believe that justice will be done. “This is a necessary condition for avoiding vengeance escalation or whether justice themselves,” says Robert Petit because “victims will not forget and ask for justice”.

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