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France's Top Court to Examine Arrest Warrant for Syria's Assad

Syrian President Bashar al-Assad. Reuters
Syrian President Bashar al-Assad. Reuters
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France's Top Court to Examine Arrest Warrant for Syria's Assad

Syrian President Bashar al-Assad. Reuters
Syrian President Bashar al-Assad. Reuters

Prosecutors said Tuesday they had asked France's highest court to review the legality of a French arrest warrant for Syrian President Bashar al-Assad over deadly chemical attacks on Syrian soil in 2013.

Syrian opposition say one of those attacks in August 2013 on the rebel-held suburbs of Damascus killed around 1,400 people, including more than 400 children, in one of the many horrors of the 13-year civil war.

Prosecutors said they had made the request to the Court of Cassation on Friday on judicial grounds, two days after an appeals court upheld the arrest order.

"This decision is by no means political. It is about having a legal question resolved," the prosecutors told AFP.

France is believed to have been the first country to issue an arrest warrant for a sitting foreign head of state in November.

Investigative magistrates specialized in so-called crimes against humanity, issued the warrant after several rights groups filed a complaint against Assad for his role in the chain of command for the alleged chemical attacks in the capital's suburbs on August 4, 5 and 21, 2013.

But prosecutors from a unit specialized in investigating "terrorist" attacks have sought to annul it, although they do not question the grounds for such an arrest.

They argue that immunity for foreign heads of state should only be lifted for international prosecutions, such as at the International Criminal Court (ICC).

The Syrian Centre for Media and Freedom of Expression (SCM), lawyers' association Open Society Justice Initiative (OSJI) and the Syrian Archive, an organization documenting human rights violations in Syria, filed the initial complaint.

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Long Waits for Canadian Visas Leave Gazans in Limbo

Reem Alyazouri and her husband, Ashraf Alyazouri, who escaped Gaza and reached Toronto, pose for a photograph in Toronto, Ontario, Canada, September 30, 2024. REUTERS/Carlos Osorio
Reem Alyazouri and her husband, Ashraf Alyazouri, who escaped Gaza and reached Toronto, pose for a photograph in Toronto, Ontario, Canada, September 30, 2024. REUTERS/Carlos Osorio
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Long Waits for Canadian Visas Leave Gazans in Limbo

Reem Alyazouri and her husband, Ashraf Alyazouri, who escaped Gaza and reached Toronto, pose for a photograph in Toronto, Ontario, Canada, September 30, 2024. REUTERS/Carlos Osorio
Reem Alyazouri and her husband, Ashraf Alyazouri, who escaped Gaza and reached Toronto, pose for a photograph in Toronto, Ontario, Canada, September 30, 2024. REUTERS/Carlos Osorio

Reem Alyazouri's escape from a bombarded Gaza City through Egypt ended in Toronto on Sept. 4.
But as she and her family wrestle with applications for work permits and health insurance, her mother and father remain stuck in Cairo waiting for Canadian visas after fleeing Israel's war in the Palestinian enclave of Gaza seven months ago, Reuters said.
"My mind is busy with my parents," she said. "I feel guilty, believe me. When I came here and I left them behind they told us, 'Go and start your life. ... Don't worry about us.'"
The family is trying to come to Canada through a temporary residence program for Gazans with relatives here. Alyazouri's brother Hani Abushomar, a Canadian citizen, applied for six of his family members to join him in Canada hours after the program was launched in January.
Nine months and a harrowing exit from Gaza later, his mother and father remain stranded in Cairo. They completed the last major step of the visa application process - submitting biometric information - six months ago.
They are among thousands of Palestinians waiting for visas from Canada, a country that prides itself on welcoming people from around the world.
Canada said in May it would bring in up to 5,000 Gazans - expanding on a pledge in December to take in 1,000 from the Palestinian enclave. Months later, just over 300 have arrived, with 698 applications approved out of over 4,200 submitted.
Reuters spoke with multiple applicants who said they have been waiting for months since submitting biometric information, dashing their hopes of a swift reunion with relatives in Canada.
Canada has made no promises on how long it would take to process visas for Gazans fleeing the conflict and says it has little control over who is able to leave the enclave.
A cross-border attack by Hamas militants on Oct. 7 last year, in which Israel says 1,200 people were killed and over 250 taken hostage, ignited the war that has flattened most of Gaza, displacing most of its 2.3 million people and killing more than 41,800 people, according to Gaza health authorities.
Canada's focus "is on keeping families together and bringing them to safety as quickly as possible," immigration department spokesperson Julie Lafortune wrote in an email. The primary barrier is getting out of Gaza, she added.
Application processing times vary "based on the details and complexity of each file, and many factors are outside of the IRCC's control," Lafortune said, referring to the Immigration, Refugees and Citizenship Canada department.
The immigration department would not say how many applicants have submitted biometric information and are waiting in Egypt.
BARRIERS TO ENTRY
Immigration lawyers say the wait for Gazans is longer than those faced by other groups fleeing conflict or disaster, and that the small numbers approved contrast with hundreds of thousands of visas granted to Ukrainians under a similar program offering temporary status.
One Canadian immigration expert said some of the visa requirements for Gazans - such as having to provide employment information dating back to when they were 16 - are unusual.
"Canada has a lot of experience in designing temporary, ad hoc programs and this one has an inordinate amount of barriers and hurdles for people to meet," said University of Ottawa law professor Jamie Chai Yun Liew, who focuses on immigration.
Liew said the Gaza program is moving slower than other Canadian temporary immigration programs, including those for Ukranians and survivors of the 2023 earthquake in Syria and Türkiye.
As of April, Canada had approved nearly 963,000 applications under the Canada-Ukraine authorization for emergency travel since March 2022. So far nearly 300,000 people have arrived in Canada under that program.
Australia has granted about 3,000 visitor visas to people from Gaza since October 2023 and about 1,300 have arrived in the country, said Graham Thom, advocacy coordinator with the Refugee Council of Australia, a research and advocacy group.
'EVERYTHING IS UNCERTAIN'
Gazans who have managed to get to Egypt live in limbo, surviving off savings or donations, without access to government services, said immigration lawyer Debbie Rachlis, adding she represents dozens in that position. Many are survivors of trauma.
They beat the odds just by getting that far, and for most, the escape came at great personal risk. The Gaza City neighborhood where Alyazouri and Abushomar's family lived has been "erased," he said. They were forced to flee from their home multiple times. Alyazouri's daughter was injured.
"Something in my heart is broken," Alyazouri said.
The Canadian government said it continues to put forward the names of applicants to local Israeli officials, "but does not ultimately decide who can exit Gaza."
"Israel has agreed to Canada's request for the exit of extended family members in Gaza as part of their expanding humanitarian efforts. However, at present, the Rafah border crossing is closed,” Lafortune wrote, referring to the main entry point between Gaza and Egypt.
Abushomar has been waiting with his mother and father for visas in Egypt, where people in their position lack papers to work, access health care or open a bank account. He says he will eventually have to return to Canada to work and worries for his parents, especially his mother, who has dementia and joint problems.
For now, Abushomar says, "Everything is uncertain."