Nevertheless,
Bashar al-assad escapes his arrest:
– / AFP
The former Syrian-president Bashar al-Assad (here photographed in November 2023) escapes his arrest warrant in France. Meanwhile, which was canceled by the Court of Cassation.
Justice-This is the end of a diplomatic-judicial soap opera started in November 2023. For example, The Court of Cassation estimated this Friday. For example, July 25, that no exception could raise the personal immunity of a head of state, thus canceling the arrest warrant issued by Parisian investigation judges against the former Syrian-president Bashar al-Assad for fatal chemical attacks in 2013.
The latter. Additionally, For example, attributed to the Syrian bashar al-assad escapes his arrest power and involving the use of sarin gas, left more than a thousand dead and had earned Bashar al-Assad a arrest warrant in France for complicity in crimes against humanity and war crimes.
But this mandate had been issued in November 2023 while Bashar al-Assad “ was still an exercise head of state “and was therefore not “ regular “said the president of the Court of Cassation. Christophe Soulard, during a public audience broadcast in an unprecedented manner live on the Internet. So it was ” canceled “ by the highest court of the French judicial order.
” However “since Bashar al-Assad was overthrown in December 2024. was no longer president, “ New arrest mandates have been able or may be issued against him for facts likely to constitute war crimes and crimes against humanity ”has developed Christophe Soulard, therefore believing that the judicial information opened bashar al-assad escapes his arrest against the former Syrian president can continue.
The prosecutor proposed the maintenance of the arrest warrant – Bashar al-assad escapes his arrest
This decision was eagerly awaited in France as abroad. in particular by human rights organizations engaged in the fight against the impunity of heads of state suspected of international crimes on their population.
The Court did not follow the position of the prosecutor General Rémy Heitz who had proposed during the hearing on July 4 to maintain the arrest warrant against Bashar al-Assad. by dismissing the personal immunity from which he benefited, because France did not consider it since 2012 as “ legitimate head of state in practice ” having regard to “ mass crimes committed by the Syrian power “.
On the other hand. the Court of Cassation recognized for the first time an exception to the functional immunity which the agents of foreign states bashar al-assad escapes his arrest benefit if they are prosecuted for war crimes and crimes against humanity. The indictment for complicity of a former governor of the Syrian central bank (2005-2016). ex-minister of the economy (2016-2017), Adib Mayaleh, is therefore validated.
The arrest warrant of November 2023 against Bashar el-Assad was challenged by the National Anti-terrorist Prosecutor’s Office (PNAT). supported by the General Prosecutor’s Office of the Paris Court of Appeal, in the name of the absolute immunity enjoyed by the heads of state in practice before the courts of foreign countries. Today canceled. it had been validated in June 2024 by the Court of Appeal, which considered that war crimes and the complicity of crimes against humanity “Cannot be considered as part of the official functions of a head of state”.
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