Swedish court acquits former Syrian general of alleged war crimes | News on crimes against humanity

The verdict indicates that the prosecution failed to prove that Mohammed Hamo's division was involved in the cited “indiscriminate” attacks.

A Swedish court has acquitted a former Syrian general for his role in alleged war crimes committed more than a decade ago in his home country.

In a statement announcing its verdict on Thursday, the Stockholm District Court said that although the Syrian army had resorted to “indiscriminate attacks” at that time, the prosecution had failed to prove that the division of the Former Brigadier General Mohammed Hamo was involved in these attacks, nor did he play a role in providing weapons for the assaults.

The 65-year-old, who lives in Sweden and was one of the most senior Syrian military officials to be tried in Europe, was accused of “complicity” in war crimes in the first half of 2012.

In June 2012, he was transferred to northern Syria, and the following month he decided to leave the army and flee to Turkey. There, he joined a group fighting against the Syrian regime.

He traveled to Sweden in 2015, where he requested asylum, which he was granted. But the Swedish Migration Agency informed the government that Hamo was previously “a senior officer in an army that was systematically considered to have committed human rights violations.”

Hamo was living in central Sweden when he was arrested on December 7, 2021. A court at the time released him two days later, saying there was not enough evidence to keep him in custody. prison. He has been free since.

The prosecution's case

The prosecution had argued that as a brigadier general and head of the 11th Division's weapons unit, Hamo allegedly helped coordinate the supply of weapons and ammunition to units involved in attacks near towns of Homs and Hama.

“The main questions in this case are whether the 11th Division of the Syrian Army participated in indiscriminate attacks in certain areas and whether the accused participated in arming the division during these attacks,” wrote Judge Katarina Fabian.

“According to the district court, there is no evidence to clarify these issues. The evidence presented by the prosecution was therefore not considered sufficient to convict the accused of a criminal offense,” Fabian said.

The war between Syrian President Bashar al-Assad's regime and armed opposition groups, including the Islamic State (IS) group, erupted after the government cracked down on peaceful pro-democracy protests in 2011.

The war has killed more than half a million people and ravaged Syria's economy and infrastructure.

Half of the country's 23 million pre-war residents have fled the country, triggering a wave of migration across the Middle East and Europe.

However, few Syrian officials have been brought to justice.

The prosecution argued that the Syrian army's “widespread air and ground attacks” had caused damage “on a scale disproportionate to the concrete and immediate general military benefits that could be expected to be achieved.”

Hamo denied criminal responsibility and his lawyer, Mari Kilman, told the court that the officer could not be held responsible for these actions “because he acted in a military context and had to follow orders.”

“What is remarkable about this case is that it is the first trial concerning the war led by the Syrian army. This is how the war was fought,” said Aida Samani, senior legal counsel for the rights group Civil Rights Defenders, who followed the trial.

No European court has yet dealt with this issue or its impact on civilian lives and infrastructure, she added.