PROCEDURE IN LEBANON
On 11 August 2012, a Lebanese court charged Mamluk in absentia for his involvement in the assassination of Wissam Al-Hassan, the head of the Information Branch of the Lebanese Internal Security Forces. On 4 February 2013, Lebanon issued an international arrest warrant against Ali Mamluk.
PROCEDURE IN THE UNITED STATES
On 9 July 2016, the Center for Justice & Accountability (CJA) and law firm Shearman & Sterling filed a complaint against the Syrian government for the murder of the American war correspondent Marie Colvin, on behalf of her family. The complaint was filed before the Columbia District Court for the murder of a U.S. citizen under the Foreign Sovereign Immunities Act, a federal law allowing victims to sue states considered to provide support to terrorism, such as Syria. Ali Mamluk is one of the Syrian officials named and targeted by the complaint.
The Syrian Government has not responded to the complaint, but Bashar Al-Assad did deny targeting and killing Colvin in order to stifle her reporting of the conflict.
PROCEDURE IN SPAIN
On 1 February 2017, Amal Hag Hamdo Anfalis, a Spanish national of Syrian origin, filed a complaint before the Spanish National Court (Audiencia Nacional) against nine high-ranking individuals, soldiers, and top officials of the Syrian Arab Republic for alleged acts of terrorism and the enforced disappearance of her brother, Abdulmuemen Alhaj Hamdo. Mamluk is one of the persons targeted by the complaint.
On 27 March 2017, Amal Hag Hamdo Anfalis’ complaint was found admissible and an investigation was opened. As a result, Eurojust was asked to verify whether other countries in the European Union were investigating international crimes committed by the Syrian administration. Further, it was ordered for testimonies to be taken from the plaintiff and other witnesses and that further evidence had to be collected.
On 30 May 2017, the Spanish public prosecutor appealed the decision.
On 27 July 2017, the Spanish National Court decided to dismiss the case after the prosecutor declared that the Spanish courts do not have jurisdiction to judge the crimes. The NGO ‘Guernica 37’ appealed this decision before the appellate chamber of the Spanish National Court. On 15 December 2017, the appeal was rejected.
In February 2018, Guernica 37 requested the Spanish Supreme Court to admit their complaint and to order the reopening of the investigation.
They also asked the Constitutional Court to examine the constitutionality of the current law on universal jurisdiction in Spain.
In parallel, they seized the Court of Justice of the European Union to know if the current definition of a victim under the Spanish legislation is in accordance with European regulations and if the European directives equate the concepts of direct and indirect victim in order to hold legitimacy to exercise jurisdiction and give competence to the Spanish courts.
PROCEDURE IN GERMANY
On 1 March 2017, the European Center for Constitutional and Human Rights (ECCHR), the Syrian Center for Legal Researches and Studies (SCLRS), and the Syrian Center for Media and Freedom of Speech (SCM), as well as seven Syrian victims, filed a complaint for torture against six high-ranking Syrian individuals, including Ali Mamluk, before the German federal prosecutor’s office.
On 21 September 2017, the Caesar-Files Support Group and the ECCHR filed a new complaint before the German federal prosecutor’s office against high-ranking individuals of the Syrian intelligence services and the military police for crimes against humanity and war crimes allegedly committed in Syrian detention centres, adding to the elements of proof put forth in the complaint of 1 March 2017.
On 6 November 2017, the ECCHR, two layers, and nine Syrians filed a complaint before the German federal prosecutor’s office for crimes against humanity and war crimes in Syria. The crimes denounced are murder, persecution, torture, and sexual violence, allegedly committed between September 2011 and June 2014 by the intelligence services of the Syrian Air Force in Damas, Alep and Hama. Mamluk is one of the officials named and targeted by the complaint.
On 28 June 2018, the ECCHR filed a complaint before the European Commission against Italy for having contravened the prohibition barring Mamluk access on the territory of the European Union. Allegedly, Mamluk met with the Italian Minister of the Interior, Marco Minniti, and the Italian head of intelligence, Alberto Manenti, at the beginning of the year 2018.