Trial against former Assad representatives for torture opens in Vienna

Systematic Torture as an Instrument of Power

The indictment includes torture allegations from the years 2011 to 2013. According to the indictment, standardized torture methods existed in Syria, including beating prisoners with a green hose during so-called "beating orgies." After being transferred to prisons, "welcome parties" regularly took place, during which inmates were collectively mistreated by guards.

An 18-year-old at the time was subjected to a "unique excess of violence": dressed only in his underwear, he was interrogated, beaten, and threatened with the words: "We will ensure that you will never bring anyone into the world again." The public prosecutor's office interprets this threat as sexual coercion.

At the beginning, the judge asked Al Halabi if, after ten years in Austria, he did not know enough German to talk about his personal details: "After ten years in Austria, you don't know enough German for us to talk about your personal details?" Al Halabi replied that he knew German but preferred the interpreter. The entire hearing must be translated into Arabic.

The Defense Line of the Defendants

Al Halabi stated that he belonged to the Druze minority and came from a poor background; service in the state apparatus was his only way to earn income. He claimed that his office merely recorded personnel data and that interrogations were the responsibility of the criminal police. He claimed never to have witnessed violence and never to have seen the torture device "Flying Carpet."

However, the "Flying Carpet" – a device for dislocating limbs – was photographed in a room of Al Halabi's office in 2013, after rebels had taken power. Al Halabi was also part of the regional security commission, whose purpose was to violently suppress protests on the regime's orders. He did not answer questions from the victims' representatives.

Mussab A. rejected the allegations in writing. He stated that interrogations were mainly carried out by his superior, who also headed the newly established investigative commission. Furthermore, he claimed that another man had impersonated him for months. Mussab A. has a prior conviction for an earlier incident of workplace violence.

A Historic Trial with International Dimensions

The prosecutor described the case as a "major challenge" – both in terms of investigative capacity and expertise. This is the first time that crimes of the Syrian regime and measures against the civilian population in penal custody are being tried before an Austrian court. Worldwide, there have been very few proceedings with judgments in this context so far.

The jurisdiction of the Vienna Regional Court arises from international agreements that oblige Austria to prosecute, as well as from the defendants' last reported places of residence in Vienna. The trial is scheduled for 13 hearing days until the end of June. Witnesses are to be heard in the coming days.

Several non-governmental organizations – including Amnesty International, CEHRI, CIJA, and Human Rights Watch – contributed to enabling the proceedings. Tatiana Urdanetta-Wittek from CEHRI, who represents 18 affected individuals, stated: "The private co-plaintiff representatives do not come to court with the aim of retribution. What they are striving for is a fair trial."

Victims' lawyer Nadja Lorenz, who represents two affected individuals, said that the victims are now scattered across Europe. Khaleb Al H. was brought to Austria in 2015 by officials of the then-dissolved Federal Office for the Protection of the Constitution and Counterterrorism as part of an agreement with the Israeli foreign intelligence service Mossad – codename "White Milk." The presumption of innocence applies to both defendants.