Archived: قاضي التحقيق خالد شهاب الدين يصدر قراراً بتجريم بشار الأسد بالقتل والاغتصاب

وليد غانم: كلنا شركاء

أصدر قاضي التحقيق خالد شهاب الدين قراراً في التاسع عشر من تشرين الأول الجاري، يتضمن تجريم بشار الأسد بجرائم القتل العمد، والتحريض عليه، والتدخل في القتل العمد، والقتل تمهيداً لجناية التحريض على الاغتصاب والتدخل فيه، وإثارة الحرب الأهلية والاقتتال الطائفي، وتشكيل عصابات أشرار وتشكيل عصابات مسلحة وارتكاب الإرهابية.

ويتضمن القرار أيضاً إحالة أوراق الدعوى المرفوعة على بشار الأسد الى النائب العام لإتمام معاملة فصل الاتهام ثم إيداع الأوراق إلى قاضي الإحالة للنظر في اتهام المدعى عليه بشار الأسد.

كلنا شركاء توجهت بالسؤال للقاضي خالد شهاب الدين عن أسباب اختيار هذا الوقت لاصدار هذا القرار، فأوضح انه  “بتاريخ الثالث والعشرين من تشرين الأول/أكتوبر عام 2012، صدر بحق بشار الأسد مذكرة توقيف على الغياب من قاضي التحقيق خالد شهاب الدين واستمرت دائرة التحقيق بجمع الأدلة حول الوقائع المدعى بها ضد المدعى عليه وبسبب استمرار المدعى عليه بارتكاب أفعاله الجرمية كنا نأمل بسقوطه ومحاكمته مقبوضا عليه وبذلك تنتهي افعاله الجرمية، إلا ان طول المدة وتكرار الافعال الجرمية مع استمرارنا بجمع الادلة حال دون صدور القرار طيلة المدة الماضية وباتت افعال المدعى عليه بشار الأسد الجرمية مروعة مما يستدعي عدم الانتظار لرحيله أو سقوطه طالما توفرت الأدلة الكافية لإدانته بالجرائم المنسوبة إليه”.

ورداً على سؤال حول عدم شمول القرار حاشية بشار الأسد أو أحد من عناصر العصابة، قال: ” صدر القرار بحق بشار الأسد منفردا عن بقية المدعى عليهم من شركائه بسبب ترأسه كل الإجرام الذي حصل في سوريا، فهو من أدار العمليات الاجرامية وخطط لها بل وأصدر الأوامر لارتكابها مستمداً ذلك من صلاحياته الواسعة مستغلاً إياها في تثبيت طغيانه وسلطته الاستبدادية.

الأمر الذي استدعى تخصيصه بدعوى مستقلة عن بقية المدعى عليهم لخصوصية مركزه وشدة إجرامه ضد الشعب السوري إضافةً لتفرده بصلاحيات خاصة كرئيس للنظام السوري.

من جهة من جهة ثانية، المحاكمات لن تستثني أحداً من المدعى عليهم ممن قتل واغتصب ودمر الشعب السوري الحر ابتداء من القوى الجوية المجرمة وانتهاء بشبيحة النظام السوري ومرتزقته. وكل ذلك موثق وله دعاوى مستقلة وقد يكون لكل محافظة ملف مستقل حرصاً على عدم إفلات أحد منهم من العقاب العادل.

أما حول المحكمة التي أصدرت القرار، وهل تتبع جهة ثورية، وما هو ضمان تنفيذ هكذا قرار، قال: “ بالنسبة للمحكمة هي مستقلة تماما ولا تتبع أحداً، قوامها عدد كافي من القضاة المنشقين عن النظام وجدوا من واجبهم أن يحاكموا القتلة والمجرمين وفاء لشهداء شعبهم الحر والمظلومين منه. وخاصة أننا كنا ولا زلنا قضاة باسم الشعب السوري ولم يكن تعييناً باسم بشار الأسد فهو مفوض من الشعب للتعيين فقط بصفته الرئيس آنذاك.

وأضاف: “أما نحن فقضاة باسم الشعب السوري ولن نسعى لإرضاء أحد غير الله جل جلاله، فكان من واجبنا أن نقوم بواجبنا اتجاه شعبنا الحر، أما بالنسبة لقوة القرار أو المحاكمة الإلزامية، نحن نقوم بواجبنا انطلاقا من محاكمة المتهم الفار من وجه العدالة ولابد ان يأتي اليوم الذي يقبض فيه على المتهم خاصة ان قانون اصول المحاكمات الجزائية يجيز محاكمة المتهم الفار في فصله الخاص بذلك، وخاصة اننا نرى اليوم من ينادي بعدم مقاضاة بشار الأسد رغم كل اجرامه فهم غلبوا السياسة على العدالة، ضاربين بذلك مسمارا في نعش الحريات والحضارات الإنسانية فجاء قرار إدانة بشار من الداخل السوري ليقطع الطريق عليهم في تبرئته أو منحه الحصانات من المحاكمات العادلة.

للاطلاع على نص القرار كاملاً: 

قرار تحقيقي بحق بشار الأسد

An investigation Decision

We, The Investigative judge, are announcing the activation of the prosecution against Bashar Hafez Al-Assad as a war criminal 

because Justice in human societies is more important than political interests and for continuing and development of civilizations

In the name of people in Syria:

we, The Investigative judge, Khaled Shehab Al-Deen

after perusal of the:

The prosecution of the general attorney No. (1) on 22/10/2012 about Activation the case against Bashar Al-Assad, son of Hafez and Anesah, who was born in Al-Qerdaha 1965 and lived in Al-Mouhagreen, Damascus about the crimes:

-1 Premeditated murder, Incitement to group murder, Intervention with murder and intervention in preparation a felony, in the article 535, due to the articles 216,218 from the criminal law.

2– Incitement to rape and Intervention with rape, in the article 849 ,due to the articles 492,497,489 and due to the articles 216,218 from the criminal law.

3– Incitement to Violent robbery, Intervention with Violent robbery in the article 624 due to the articles 216,218 from the criminal law.

-4Formation villains’ gangs, in the article 326/3 in the criminal law.

5– Raising the civil war and sectarian conflict، in the article 298 from the criminal law.

6-Formation of armed gangs, in the article 299, due to the article 301 from the criminal law.

7-Committing terrorist acts, in the article 305/2/3 due to the articles 304 from the criminal law.

8- Intervention and incitement to arrest and torture people in the article 556, due to the articles 216,218 from the criminal law.

9-Intervention and incitement to kidnapping with intent to commit fornication in the article 501, due to the articles 216,218 from the criminal law.

10- Intervention and incitement to Intentional Burning in the articles 573/577 ,due to the articles 216,218 from the criminal law.

11- stealing public money in the article 10 from the economic criminal law no.37 for the year 1966.

12- Destroying the Syrian Monuments in the article 56/57/58 from the Syrian low of monuments number 1 for the year 1999.

2-Dut to the prosecution submitted by free Syrian lawyers

3-  All case papers

We found the following:

1- According to the facts:

The facts of this case are summarized that on 03.18.2011 the defendant, Bashar Hafez Al-Asad gave direct commands for the army, security force, police, intelligence force, military part of al-Baath party, armed gangs which formed by the regime and sniper’s groups in all provinces to suppress the popular peaceful movement for democratic changing of the regime.

Those authorities that received that received the defendant’s commands killed the demonstrators, tortured, raped and kidnapping them to commit fornication in the Detention centers. The defendant also gave the commands for the Air Force in the army to shell Syrian cities, villages and towns where the popular movement and there were thousands of civilians killed, destroyed homes, mosques, churches, schools, infrastructures, Syrian monuments, burning of agricultural crops, buildings ancient markets and thousands of disabled people as a result for shelling.

Under the direction of the defendant as the Chief of the Armed Forces, The Air Force bombed civilians in al-Ghoutah, Damascus by the chemical weapons to kill more than 1500 civilians, most of them were children, as well as they bombed other parts of Syria such as Khan al-asal in Aleppo, etc.

the defendant entered the military divisions with all equipment to the provinces, Syrian cities, villages and towns to kill and destroy all who revolted him to terrorize and dissuade them from their demands.

Under the direction of the defendant, the Artillery and infantry forces bombed Syrian provinces, cities and countryside by far-reaching missiles and rocket launchers in order to kill and terrorize all civilians in the bombing areas to create a state of fear using all kinds of internationally prohibited weapons such as; chemical weapons and chlorine gas, Toxic Substances, mustard gas ,incendiary rockets and destructive missiles.

the defendant formed armed gangs, and gangs of villains and recruited them to kill rebels and rape their women to terrorize other Syrian, and he raised the sectarian fighting and civil war between what he called the majority and minority in Syria in order to strengthen his rule and authority using media fraudulently.

the defendant gave commands to arrest, kill, kidnap and torture all rebels against him and against his regime brutally, Contrary to the law of human rights. he committed war crimes against humanity, contrary to all conventions related to human rights and international norms.

Under the direction of the defendant, and to support terrorism policy which he adopted, there were a lot of Collective horrific massacres everywhere in Syria to terrorize people and Dissuade them from their demands and force them back to his regime.

Those massacres were: Sednaya massacre in Deraa, Hama, Jadedat Artouz, Duma, Daryya, Al-Ghoutah, Al-Tremessa, Al-Qubair, Nahr Halap, Zaki Joumaa school, Halfaya, Taftanaz, Kafr-Ouwaeed, Ain Essa, Karm Al-Zaytoun, Al-Hasya, Al-Khaldeyah, Baba Amr, Jesr Al-Shoughour massacres and two massacres in Ezaz.

He aimed at suppress the people and kill them in an organized way

The defendant Bashar Al-Asad gave his commands to arrest thousands of his opponents and torture them to death.

As well as stealing and wasting of public money by smuggling gold and bonds to Russia in order to gain support and ammunition to suppress and kill people, and supporting the killers of his supporters by providing them with huge amounts of money to gain their support and ensure the implementation of his repressive commands.

The defendant allowed his supporters to steal Syrian monuments and smuggle them out of Syria  to ensure the support of some of  authorities as well as the transporting of monuments from province to the other loyal to him.

The defendant Bashar al-Asad bring killers and criminals from the outside such as the Iranian Revolutionary Guard forces and Hezbollah forces to suppress Syrian people by killing, raping and terrorizing them and raising civil war. And he gave the institutions of state to Russia and Iran in order to help him in killing and suppressing people.

2-According to the evidences:

1- The defendant due to the Constitution, is the commander of the Syrian army and the armed forces, which committed all the crimes and violations by the commands of her Commander.

2-The defendant is the head of the Higher Judicial Council in Syria, which gave legitimacy to all the crimes as a result of his military commands, and he did not ask to arrest criminals who committed those crimes or prosecute them.

3- The defendant is the Secretary General of Al-Baath Party and he recruited party groups in the provinces to kill, rape, steal, kidnap and burn the country.

4- The defendant issued decrees to grant immunities for the army, intelligence, the Political Security Division and the police to protect them from the trials to reassure them.

5- The Defendant prevent prosecution for Atef Najib and Faisal Kulthum in Daraa in despite of evidence that they committed serious crimes and terrorist acts against the people of Deraa, and in despite of the insistence of people to punish them.

6- The Defendant gave direct commands to the security branches in the provinces to suppress demonstrations even with live bullets. Those commands are proved in witnesses of dissidents’ security officers with written documents.

7- The video of the defendant, which declares that Syria will disappear if the demonstrations continue or extended.

8- The video of the defendant Bashar when he was admitting that the Syrian army aircrafts bombed Syria but kill just the terrorists.

9- The video of the defendant Bashar when he was confirming that he will win in his battles against the terrorists, describing the Syrian people as terrorists and he is cleaning the areas from them.

10- The video of the defendant Bashar when he was confirming that the aircrafts used bombs not barrels in shelling.

11- The video of the defendant Bashar when he was confirming that the Syrian nationality is for who defends Syria, and it is not for who has Syrian passport or Syrian identity .it means that all rebels are terrorists.

12-The video of the defendant Bashar when he was thanking Russia, Iran, Hezbollah and China for their involvement in killing Syrian people and, giving them parts of Syrian land.

13- the Professional documentations for detainees’ corpses from the Syrian people who were killed in defendant Bashar al-Assad detentions’ centers.

14- documentations that prove committing collective massacres by shelling, Slaughtering or firing by army of the defendant, his supporters, his public commissions, al-Baath party groups and the armed gangs which he formed.

15- The invasion of army tanks of the defendant Bashar for Syrian provinces in the beginning of the peaceful movement to terrorize people and dissuade them from their demands.

16- Documentations that prove the massacres committed by the army of the defendant Bashar al-Assad in Syria, its history, its time, location and who committed them.

17- Documenting the destruction caused by the bombing of aircraft, artillery and rocket launchers of the defendant’s Army, armed gangs, and party groups in the Syrian cities.

18-Documenting the destruction of antiquities in the Syrian provinces by the bombing and rockets the defendant and burning a lot of them.

19- Documentations the victims of Syrian civilians who died by weapons of defendant’s army and his armed groups and Documentations the victims of the intelligence of the defendant’s regime.

20- Documentations the arrested women witnesses in the cellars of intelligence centers of defendant Bashar al-Assad who suffered from a collective and individual rapes in Brutal ways to terrorize Syrian people.

21- the witnesses from the prisoners’ pilots who speaks about the method of shelling and who gave commands for them to shell

22- the defendant Brings Iranian and Iraqi forces to raise the civil war and show the protests as sectarian fighting.

23- documentations the dead from Hezbollah, Iran and Russia, which proves their recruitment by the defendant to kill Syrian people.

24- Documenting the burning of agricultural crops by the shelling of the aircrafts of the defendant’s army.

25- Documenting the burning of archaeological markets and mosques by the defendant forces intentionally.

26- Reports that prove the using of the internationally prohibited weapons in killing Syrian people collectively by the defendant forces such as: chemical weapon, chlorine gas, mustard gas, and others.

27- videos of the defendant, describing the demonstrators as terrorists.

28- Documenting dropping (falling)a lot of army planes of the defendant Bashar al-Assad and documenting the death of pilots during the shelling of unarmed civilians.

3- According to discussion and the legal application:

according to the facts and evidences attached to this case, it is clear and fixed that the syrian people wanted to change the regime by peaceful movement on 18/3/2011 for freedom and human dignity. head of the political security branch in Deraa Atef Najeeb, killed children and torture people in Deraa assisted by the Governor of Deraa Faisal Kalthoum and in despite of informing the head of the Syrian regime, the defendant that they must punish them, the defendant justified their actions and protected them from punishment.

Families of victims Protested, so the defendant sent his forces, military division, intelligence and armed gangs to tortoise people in Deraa. He gave his commands, as the chief of army and militery forces to kill everyone goes to the streets and asked for freedom.

All massacres were under his direction in masaken al-dhoubat,sydnaya,deraa.

He said that his army killed the terrorists but the documentation and the witnesess of people proved the opposite of his story.

This was the direct reason for demonstrations in all Syrian cities .

the Artillery and infantry forces bombed Syrian provinces, cities and countryside by far-reaching missiles and rocket launchers in order to kill and terrorize all civilians in the bombing areas to create a state of fear using all kinds of internationally prohibited weapons such as; chemical weapons and chlorine gas, Toxic Substances, mustard gas, incendiary rockets and destructive missiles.

the defendant formed armed gangs, and gangs of villains and recruited them to kill rebels and rape their women to terrorize other Syrian, and he raised the sectarian fighting and civil war between what he called the majority and minority in Syria in order to strengthen his rule and authority using media fraudulently.

From the facts and evidences of this case and from the documentation of the global organization for human rights it is clear that the defendant bashar al-asad gave his commands to arrest the free women and to rape them in the prisons and detention center Brutality collectively as inserting an iron or a rat inside woman’s uterus, forcing women to serve drinks while they were bare of clothing. some of women died inside prison and some became pregnant and born their babies inside prisons. And the defendant justifies all criminal acts of his forces.

The defendant is responsible for all acts of raping because he is the head of Judicial Council, and the chief of army and armed forces, and due to the articles 489-492-497-498 due to articles 216-218 from the criminal law.

And he is responsible for all robbery crimes which his forces committed. he must be prosecuting on Incitement to Violent robbery, Intervention with Violent robbery in the article 624 due to the articles 216,218 from the criminal law.

from the facts and evidence it is clear that army and armed forces steal syrian people and force them to hand their money,jewels and other things Under the threat of the weapon.

he was describing his men as heroes and encouraging them to continue their crimes in order to stay in his position.

he said that syria for who defended her,not for who leave or travel

syria is for him and for who help him to stay in his position.

He Is responsible for his men acts and he must prosecute about the crime Incitement to Violent robbery, Intervention with Violent robbery in the article 624 due to the articles 216,218 from the criminal law.

from the facts and evidences it is clear that the defendant as the the Secretary General of Al-Baath Party and head of army and armed forces, formed armed groups which Spreaded everywhere in syria.

he recruited previous prisoners and criminal or criminal from another countries in those groups. he encouraged them to steal, rape and kill people.

his army and armed forces were not enough for him so we must procedure about forming armed gangs and villains’ gangs as we mentioned in the articles 299/301/329

the defendant transfer the Syrian people protests into sectarian fighting by raising a denomination minority on the other, give them weapons and make them fancy that those protests are against them, and not for freedom and dignity

the results of his criminal acts are clear in Syrian land such as: killing, destruction and sectarian fighting. a lot of Massacres were committing instigated by the defendant Bashar Al-Asad who is the head of Syrian regime and must be prosecute about Raising the civil war and sectarian conflict and about all the results from this criminal act due to the article 289 from the criminal law.

the defendant incited his forces and security branches to arrest rebels and Torture them in the Detention centers.

this information was professionally documented and was appear recently in the photos and in the lists of lost and prisoners.

All of this was built on the commands issued by the defendant Bashar al-Assad to his followers and his intelligence as the head of the pyramid of the Syrian regime and Commander and head of the Armed Forces and head of the Judicial Council

There are thousands of prisoners and arrested Syrian people.

The defendant must prosecute about the crime: Intervention and incitement to arrest and torture people in the article 556, due to the articles 216,218 from the criminal law.

the defendant Intervention and incitement to kidnapping with intent to commit fornication by giving commands to his army, armed groups, intelligence in the checkpoints to terrorize people .the defendant give his army and groups the Legitimacy and save them from punishment to help him staying in his position .he must prosecute about the crime: Intervention and incitement to kidnapping with intent to commit fornication in the article 501, due to the articles 216,218 from the criminal law.

the defendant as the head of army and armed forces gave commands to his forces and army to burn the houses of civilians, the ancient markets, the agricultural crops, the transporting ways and the inhabited buildings.

it has been proven that they use Incendiary materials during the breaking into areas such as; Andan in Aleppo,Kafr Zita in Hama, ,Al-Khaldeyah and Deraa

the armed forces used the forbidden incendiary napalm

this information was documented

they burn the industrial area by shelling and destroyed the factories of people under the direction of the defendant .so he must prosecute about the crime: Intervention and incitement to Intentional Burning in the articles 573/577, due to the articles 216,218 from the criminal law.

the defendant Intervention and incitement to kidnapping with intent to commit fornication by giving commands to his army, armed groups, intelligence in the checkpoints to terrorize people .the defendant give his army and groups the Legitimacy and save them from punishment to help him staying in his position .he must prosecute about the crime: Intervention and incitement to kidnapping with intent to commit fornication in the article 501, due to the articles 216,218 from the criminal law.

the defendant Bashar Al-Assad wasted the money of state and gave this money to the groups which recruited to help him staying in his position and to the criminals who brought them from outside.

he used the public money for his own needs.

he sent the Syrian gold to Russia by his illusion planes with The Staff Wing Commander Hamdo Al-Hajji to gain Russian support and take ammunition from Russia to kill people.

he must prosecute about the crime:

stealing public money in the article 10 from the economic criminal law no.37 for the year 1966.

the armed groups of the defendant stole Syrian monuments from the provinces such as: Aleppo, Homs, Idleb, Al-Raqqa and Hama and transported them to other areas belonging to the defendant in order to Smuggle them outside Syria

his planes bombed and destroyed Syrian monuments as the videos and photos documented.

he destroyed part from castle of Aleppo, Al-Madheeq castle, and Al-Markab, the ancient markets, old mosques of Aleppo, Homs, Al-Raqqa -Damascus, Idleb and Deir Al-Zour so,he must prosecute about the crime: Destroying the Syrian Monuments in the article 56/57/58 from the Syrian low of monuments number 1 for the year 1999.

According to the prosecution of the general Attorney, applying to the articles: 535,216,218,489,492,497,498,624,326,298,299,301,304,305,566,501,573

From the Syrian criminal law

The article 10 from the economic criminal law.

The articles 56-57-58 from the law of monuments number 1 for the year 1999

The articles 57,58,74,106,107,108,138 from the Criminal Procedure

I decided:

1-deposite all papers the general attorney to complete the procedures which described in the Accusation chapter then deposited it the transfer judge for the accusation against the defendant, Bashar Al-Asad, son of Hafez and Anesah who was born in Al-Qerdaha 1965 and lived in Al-Mouhagreen, Damascus as the head of Syrian regime, head of army and armed forces. There is Issue in absence arrest warrants against the defendant on 23/10/2012 about the crimes:

-Premeditated murder, Incitement to group murder, Intervention with murder and intervention in preparation a felony

-Incitement to rape and Intervention with rape

-Incitement to Violent robbery, Intervention with Violent robbery

-Formation villains’ gangs

-Raising the civil war and sectarian conflict

-Formation of armed gangs

-Committing terrorist acts

-Intervention and incitement to arrest and torture people

-Intervention and incitement to kidnapping with intent to commit fornication

-Intervention and incitement to Intentional Burning

-Stealing public money

-Destroying the Syrian Monuments

To prosecute him in the criminal court.

2- Inform the defendant the outputs of the decision

3-Inform the personal prosecution the outputs of the decision.

4- Fining the defendant fees and expenses.

this decision was issued on 19/10/2015

Judge:

Khaled Shehab Al-Deen

Tags: سلايد