Obeida Dabbagh spoke at the UN about the enforced disappearances of his brother Mazen and nephew Patrick during the Syrian civil war. Arrested in 2013 and falsely declared dead in 2018, their family seeks justice through legal action against the Assad regime. French courts have indicted key officials, marking significant potential accountability, while the UN calls for broader efforts towards justice for Syrian victims.
Obeida Dabbagh, a relative of two Syrians tortured and murdered by the Assad regime, has expressed his profound anguish regarding their enforced disappearance during the Syrian civil war. His brother Mazen and nephew Patrick, both Syrian-French nationals, were arrested in November 2013 by Air Force Intelligence officials, enduring years of torture before they were falsely declared dead in 2018, years after they had disappeared. Mr. Dabbagh informed the Committee on Enforced Disappearances at the UN Office in Geneva of this tragic situation.
Mr. Dabbagh emphasized that his relatives were not involved in peaceful protests against President Bashar al-Assad, which the regime violently suppressed through mass arrests and extensive human rights violations. He recounted the extortion faced by his family, as the regime demanded large sums of money in exchange for purported information regarding the men’s whereabouts. Furthermore, the regime expelled Mazen’s wife and daughter from their family home in Damascus, exacerbating the family’s suffering.
He asserted, “This fight goes beyond my family. It is part of a universal quest for justice and against impunity for war crimes.” Through legal action, Mr. Dabbagh aims to not only seek justice for Mazen and Patrick but also to contribute to the global endeavor against the atrocities committed by the Syrian regime. Prior to their arrests, Mazen was a teacher at a French college in Damascus, while Patrick was a psychology student.
The family sought assistance from various authorities, including the Syrian, French, and international entities, as well as organizations like the Red Cross and the European Union. In collaboration with the International Federation for Human Rights (FIDH), they filed a complaint in 2016 with the Paris Prosecutor’s office for crimes against humanity, which subsequently prompted an investigation by French authorities.
This legal initiative resulted in an indictment order in March 2023 against three high-ranking Syrian regime officials for complicity in crimes against humanity and war crimes. Following their trial in May, the officials—Ali Mamlouk, Jamil Hassan, and Abdel Salam Mahmoud—were sentenced in absentia to life imprisonment for their roles in crimes including torture, enforced disappearance, and murder.
The Committee on Enforced Disappearances oversees the implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, established by the UN General Assembly in December 2006. Countries that ratify this convention are obligated to adhere to its mandates, which includes prohibiting secret detention and prosecuting responsible parties.
Independent rights expert Fidelis Kanyongolo underscored the importance of extra-territorial jurisdiction for the Committee’s operations, noting that Syria has not ratified the Rome Statute. Additionally, he highlighted the absence of a UN Security Council resolution addressing human rights abuses in Syria, leaving the domestic legal system unaccountable.
The International Convention for the Protection of All Persons from Enforced Disappearance stands as the first universally binding legal framework regarding enforced disappearances, followed by the non-binding Declaration in 1992. Currently, 77 states are party to this Convention, which emphasizes its significance in international law.
On the 14th anniversary of the Syrian civil war, the UN Human Rights Council’s Commission of Inquiry on Syria called for urgent actions to hold perpetrators accountable across all factions involved since 2011. They emphasized the necessity of preserving evidence to support future accountability initiatives led by new Syrian authorities and supported by civil society actors.
The testimonies of Obeida Dabbagh highlight the ongoing plight of families searching for their disappeared loved ones amidst the violence of the Syrian civil war. Their quest for justice not only pertains to their personal losses but symbolically represents the fight against war crimes committed by the Assad regime. The legal actions taken in France demonstrate a significant step towards accountability, despite ongoing challenges within the Syrian legal framework. The call for justice remains urgent, as the global community continues to advocate for truth and justice in the face of profound human rights violations.
Original Source: news.un.org
