A former Syrian colonel, Salem Al-Salem, 58, has appeared in a UK court facing charges of crimes against humanity, including murder and torture.
Al-Salem, who attended proceedings with a breathing tube, is accused in a landmark prosecution by British authorities. The charges stem from his alleged activities in Damascus in 2011. He faces three counts of murder, three counts of torture, and one charge of conduct ancillary to murder, marking the first prosecution of its kind in the UK.
At Westminster Magistrates’ Court on Tuesday, Salem appeared over a video link while slumped in an armchair and with a breathing tube connected to his mouth.
The court heard Salem has motor neurone disease and is now essentially housebound.
Chief Magistrate Paul Goldspring refused a bid by Salem’s lawyers for him not to be named as the defendant after hearing opposition from the press.
Salem is accused of involvement in the murders of four named people – Omar Al-Homsi, Nizar Fayoumi-AlKhatib, Mohammed Salim Zahrak Balik and Talhat Dalal in April and July 2011.
It is said he was “responsible for killing” three of the victims “as part of a widespread or systematic attack against a civilian population”, and he is accused of “conduct ancillary to” the murder of Mr Balik.
Salem also faces claims of torture against three people “in the performance or purported performance of his official duties” on dates between August 2011 and March 2012.
It is said the crimes happened when Salem was serving as a colonel in the Syrian Air Force Intelligence (SAFI) while leading a group that attempted to put an end to demonstrations in the village of Jobar, near Damascus, in April 2011.
“The case concerns the demonstrations which took place in the suburbs of Damascus from April 2011”, a CPS case summary handed to the judge set out.
“It is alleged that Mr al-Salem led a group of militants tasked with quelling the demonstrations in the Jobar area which lies East of the city’s centre. The demonstrations mostly occurred on Fridays after noon prayers.”
Judge Goldspring agreed that Salem did not have to say his name out loud due to his health conditions.
The defendant was first arrested on December 1 2021 and was released on bail until the charges were announced.
He was served with a written notice of the allegations after a four-year investigation by Counter Terrorism Policing’s (CTP) war crimes unit.
Salem sat with a senior police officer and an interpreter for the court hearing as Judge Goldspring agreed to release him on bail with a string of conditions.
“He is in no physical state to be a flight risk,” observed the judge.
Salem must live and sleep at home as part of his bail conditions, he is under a 24-hour curfew except for “exceptional medical circumstances” and he must present himself to police on request.
Judge Goldspring sent the case to the Old Bailey for a hearing on Friday in front of Mrs Justice Cheema Grubb.
Rejecting the bid for Salem not to be named, after his lawyers argued he could be at risk, the judge concluded: “Naming the defendant would not lead to enhanced risk.”
He said: “The mere fact the offence might rise in people strong feelings of hostility and concern is not, and never has been, sufficient for the principle of open justice to be derogated down to the press not being able to report information the public is entitled to, so they can understand the allegations against the defendant, and most importantly to have confidence in the criminal justice system.”
Announcing the charges on Monday, Commander Helen Flanagan, who leads CTP London, said: “This has been an incredibly complex and challenging investigation, involving inquiries across many countries.
“This has required close co-operation with a number of international partners, as well as our colleagues in the CPS.
“The charges are extremely serious and show that we fully support the UK’s ‘no safe haven’ policy in relation to alleged war criminals.
“Where we are presented with allegations of war crimes and crimes against humanity that fall within our jurisdiction, then, as we have shown here, we will not hesitate to investigate those rigorously and robustly.”
The Crown Prosecution Service (CPS) said it is the first time charges of murder as crimes against humanity under the International Criminal Court Act 2001 have been brought.
