On August 27 2025, the Hague Court of Appeal rendered its verdict in the Vescher-investigation (sometimes referred to as the Kerkrade-case, because the accused was arrested in the Dutch town Kerkrade). The case concerned involvement in abduction and torture by Syrian intelligence services. Our client is the victim (survivor) of the gross human rights violations in this case.
The Court of Appeal finds it proven that the accused was a leader of Liwa al-Quds and had actually participated in and contributed to the armed struggle in Syria on the side of the regime. This organization contributed to the oppression of Syrian civilians by i.a. actively collaborating with the Air Force Intelligence Service. This service was known as the most brutal of the Syrian intelligence services. The accused was also involved in the capture of the client from the Al-Nayrab camp near Aleppo. He and others, including an officer with the Air Force Intelligence Service, forcibly removed the client from his home at night, after which the Air Force Intelligence Service tortured the client in a prison in Aleppo. He has suffered serious physical and psychological consequences as a result.
Amongst other things, the Public Prosecutor’s Office charged the accused with participating in a criminal organization as a leader. That organization is Liwa al-Quds, a pro-regime militia of Assad. Involvement in the kidnapping (unlawful deprivation of liberty) and torture were charged as crimes against humanity, and the torture was also charged separately (for the difference, see Section 1, paragraph 1 (d) and (e) of the Dutch International Crimes Act).
The Court of Appeal found the accused guilty on all counts and sentenced him to a prison term of 13 years; the District Court of the Hague had previously imposed a sentence of 12 years imprisonment. In justifying this sentence, the Court of Appeals referred, amongst other things, to the client’s statements about what happened to him and the impact it continues to have on him.
An injured party claim was filed on behalf of the client. Because the offences were committed in Syria, that claim had to be substantively assessed under Syrian civil law. The District Court had previously declared the claim inadmissible because it considered itself insufficiently informed about Syrian law. The Court of Appeal, however, reached a different conclusion and granted the claimed damages in full. The Court of Appeal based its ruling on the matter, amongst other things, on expert reports about Syrian law that were submitted on behalf of and at the request of the injured party/client. This is the first time that an injured party claim under Syrian law has been awarded in a case involving international crimes.
The Court of Appeal’s judgment can be found here (in Dutch): Gerechtshof Den Haag 27 augustus 2025, ECLI:NL:GHDHA:2025:1715. When an English translation becomes available, we will post a link to it it here.
The client was assisted in this case by lawyers Barbara van Straaten and Brechtje Vossenberg.
Previously
- (In first instance): Trial hearing in Kerkrade-case (Syrian war crimes) starts in The Hague