Family of American who died in Syria files lawsuit against Assad regime

2024-07-22

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WASHINGTON —The family of an American doctor who died while being held in Syria filed a lawsuit Monday against the Syrian government, accusing it of wrongful death and false imprisonment.

Majd Kamalmaz, a Syrian-born American psychotherapist, was treating refugees from war-torn Syria during the time of his abduction. U.S. officials said he was last seen in 2017 at a checkpoint manned by forces loyal to the government of Syrian President Bashar al-Assad in Damascus where he was visiting a family member.

His family received official confirmation of his death from the U.S. government in May.

"Today, on behalf of the Kamalmaz family, we have taken just the first step towards holding the Syrian regime accountable for its crimes against Majd Kamalmaz which culminated in his murder," Kirby Behre, a lawyer representing the Kamalmaz family, said Monday in a statement.

The lawsuit was filed in a U.S. District Court in Washington, under the Foreign Sovereign Immunities Act's "state sponsor of terrorism" exception, seeking compensatory damages for wrongful death, assault and battery, intentional infliction of emotional distress, and false imprisonment. The plaintiffs also seek punitive damages, bringing the total claim to at least $70 million, according to the 19-page court complaint.

Maryam Kamalmaz, the daughter of Majd Kamalmaz and one of the plaintiffs in the lawsuit, says she hopes this legal action will help raise awareness about other cases that are like her father's.

"There are hundreds of thousands of Syrians who have gone through this," she told VOA in a phone interview. "I'm just hopeful it raises awareness about those people who are being killed at the hands of the Syrian government. Those innocent people never get a trial. They are being tortured and killed for no reason."

Since the beginning of Syria's conflict in 2011, more than 350,000 civilians have been killed and more than 13.5 million people have been displaced at home and abroad, according to the United Nations.

The U.N. Independent International Commission of Inquiry on the Syrian Arab Republic

said in a report in early July that 155,000 Syrians have been detained or forcibly disappeared since 2011. Rights groups blame the Syrian regime for most of the cases.

"We support Majd's family and the families of all those who are missing or unjustly detained in Syria in their quest for accountability," U.S. Secretary of State Antony Blinken said in a statement in June.

"Even as we pay tribute to Majd today, we will keep fighting for all Americans held hostage or wrongfully detained abroad," he said.

Kamalmaz is one of several Americans who have disappeared in Syria, including journalist Austin Tice, who went missing in 2012 at a checkpoint near Damascus. The Syrian government denies kidnapping or holding Americans in its territories.

"We will not stop at filing a civil case," said Mouaz Moustafa, executive director of the Syrian Emergency Task Force, a Washington-based advocacy group that has been involved in the case.

"There needs to be a criminal investigation and a criminal case against the Assad regime for the torture and murder of Majd Kamalmaz," he told VOA.

Moustafa said his group was ready to cooperate with U.S. government agencies to provide documentation, witness statements and evidence to support a criminal case against Syrian government officials.

Lawyer Behre said the Kamalmaz family too "is counting on the U.S. government to initiate criminal charges against Syria."

Last week, U.S. authorities announced the arrest of a former Syrian military official who oversaw a prison where alleged torture and abuse routinely took place. Samir Ousman al-Sheikh was taken into custody at Los Angeles International Airport, according to the U.S. Department of Homeland Security.

Moustafa said his organization alerted several federal agencies about al-Sheikh and worked with them to build a case against him.

As a humanitarian worker, Maryam Kamalmaz said her father had dedicated his life to helping those in need. He had worked with survivors of the 2005 Hurricane Katrina, victims of the 2004 tsunami in Indonesia, and the Bosnian genocide in the 1990s.

"My father had a big heart who cared for everybody and wanted the best for everyone," she said. "It's been very hard without him and it's a big loss to have him gone this way."