Ex-Syrian colonel accused of crimes against humanity declared ‘incompetent to plead’

A former Syrian Air Force intelligence colonel accused of shooting at protesters has been declared “unfit to plead” and “unfit to stand trial” for crimes against humanity.

Salem Michelle al-Salem, 58, is charged with murder against humanity, three counts of torture and one count of murder. The charges relate to events that took place in Damascus in 2011 and 2012.

Judge Chema-Grubb declared Al-Salem “unfit to stand trial” at London’s Old Bailey following the “consolidated” opinion of four medical experts, taking into account the diagnosis of motor neurone disease (MND).

Al-Salem, who is on conditional bail, appeared in court on video with an oxygen mask over his face.

Defense lawyer Patrick Gibb Casey told the court the defendant was suffering from advanced complications of MND, was paralyzed and unable to communicate.

Prosecutor Tom Little Casey said the Crown welcomed the decision.

Quoting a consultant neuropsychologist, he said: “His opinion is that the motor neurone disease is now advanced and there is associated depression, apathy and cognitive impairment as well as limited speech.”

“The accusative is monosyllabic and only serves to bring closure to the family.”

Al Salem is paralyzed in all four legs, the court heard.

Cheema-Grubb ordered that criminal charges be filed against the accused so that the trial could take place next year.

In April and July 2011, Salem was involved in the deaths of Omar al-Homsi, Nizar Fayumi-Al-Khatib, Mohammed Salim, Zahrak Balik, and Talhat Dalal.

The charge “was part of a widespread or systematic attack on the civilian population” and was accused of “assisting” with the murder of Balik.

Salem is accused of torturing three people “in the performance or execution of his official duties” between August 2011 and March 2012.

At the time, Saleem was serving as a colonel in the Syrian Air Force Intelligence (SAFI) and was leading a group of militants who tried to quell protests in the village of Jobar, near Damascus, the court heard earlier.

Salem was arrested in December 2021 and released on bail pending a hearing on Monday.

After a four-year investigation by the War Crimes Unit of the Anti-Terrorism Police, he was served with a written notice of the charges.

The Crown Prosecution Service announced that it was the first case of murder to be brought under the International Criminal Court Act 2001 for crimes against humanity.

It is believed to be the first time in the UK that an alleged member of former President Bashar al-Assad’s security forces has been charged in the UK with crimes related to the Syrian civil war.

A trial on whether or not Salem committed the crimes he is accused of will take place in 2027, although the defendant will not participate in the proceedings.

In an earlier hearing, prosecutor Emily Pottle said: “He was tasked with stopping civilian resistance to the regime and the defendant ordered officers under him to shoot the protesters and he himself shot the protesters.”

“Some individuals lost their lives and the defendant was charged with murder and crimes against humanity.”