A former Syrian Air Force intelligence colonel, Salem Michel Al-Salem, 58, has been deemed unfit to stand trial for crimes against humanity at London's Old Bailey. The decision by Justice Cheema-Grubb followed a unified opinion from four medical experts who assessed Al-Salem's advanced motor neurone disease (MND) diagnosis.
Al-Salem, who is on conditional bail, appeared in court via video link wearing an oxygen mask. His defense counsel stated that the defendant is paralyzed, cannot communicate, and is suffering from the advanced effects of MND, alongside cognitive impairment and severely restricted speech. A consultant neuropsychologist noted that the defendant is only understandable to close family.
The charges against Al-Salem include three counts of murder as a crime against humanity, three counts of torture, and one charge of conduct ancillary to murder, stemming from alleged events in Damascus between 2011 and 2012. The prosecution accepted the court's decision regarding his fitness to stand trial.
Prosecutors allege that Al-Salem was part of a widespread or systematic attack against a civilian population. Specific allegations state that in April and July 2011, he was involved in the deaths of Omar Al-Homsi, Nizar Fayoumi-AlKhatib, Mohammed Salim Zahrak Balik, and Talhat Dalal. He is also accused of torture against three individuals between August 2011 and March 2012, during his tenure as a colonel in the Syrian Air Force Intelligence (SAFI). At the time, he reportedly led a group tasked with quelling demonstrations and was accused of ordering officers to shoot protesters, leading to some deaths.
Al-Salem was arrested in December 2021 and released on bail until the charges were announced on Monday. These charges were brought after a four-year investigation by Counter Terrorism Policing's war crimes unit. The Crown Prosecution Service highlighted that these are the first charges of murder as crimes against humanity brought under the International Criminal Court Act 2001. This case is also believed to be the first prosecution in the UK of an individual alleged to be part of ex-President Bashar al-Assad's security forces for crimes related to the Syrian civil war.
While Al-Salem will not participate in the proceedings, a trial of the facts to determine whether he committed the alleged acts is scheduled to take place in 2027. Justice Cheema-Grubb ordered that not guilty pleas be entered for the defendant to facilitate this trial.