New judicial episode in the case of the French arrest warrant targeting Syrian President Bashar al-Assad, accused of complicity in crimes against humanity, in particular for chemical attacks carried out in 2013 in Syria. The public prosecutor’s office of the Paris Court of Appeal announced that it had filed an appeal in cassation for ” to decide a legal question “At the heart of this legal debate: the question of the personal immunity of a sitting head of state.
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Last November, after three years of investigation, French judges issued an arrest warrant against the president of Syria. Bashar al-Assad for complicity in crimes against humanity. The prosecution, however, contested the validity of this arrest warrant, in the name of the absolute immunity enjoyed by heads of state in office before the courts of other countries.
At the time, the prosecution explained that it was not a question of calling into question the substance of the case, but that the question should be decided by a ” higher jurisdiction ” This has been the case since Wednesday, June 26. The Paris Court of Appeal had dismissed Bashar al-Assad’s immunity, arguing that the crimes denounced “ cannot be considered as part of the official functions of a head of state “. A practice of international law based on mutual respect for sovereignty.
The arrest warrant contested in cassation
But now, barely validated, the arrest warrant is again challenged by the public prosecutor of the Paris Court of Appeal, this time by filing an appeal in cassation. The public prosecutor reaffirms that it does not challenge ” the existence of serious and consistent evidence making Bachar’s participation likely eL–Assad » to attacks, but he wants that ” the highest court ” cuts on the law. And to insist on the fact that this appeal has ” no political character “.
However, this is precisely the criticism made by the civil parties, who express their incomprehension. The French executive has always feared that this so-called universal justice exercised by the French justice system would be an obstacle to France’s diplomatic conduct. » points out thus Ms Clémence Bectarte, lawyer for the civil parties in this case. My Jeanne Sulzer and Clémence Witt, lawyers for victims and four civil party NGOs, consider that ” inexplicable ” that ” The prosecuting authority (the public prosecutor’s office) is once again taking the side of impunity “. Me Jeanne Sulzer explains:
“What is generally expected of prosecuting authorities is that they are on the side of the victims”
Mr Sulzer’s reaction to the appeal against the arrest warrant for Bashar al-Assad
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