The British police opened a preliminary investigation against Asma al-Assad, the wife of the President of the Syrian regime, Bashar al-Assad, on charges of inciting terrorism and suppressing the demonstrators, which opened the door to speculation about the legal path that the case will take, which is considered the first move by the British police against a symbol of the regime.
The way the British police - and its judiciary dimension - deals with this case depends on many interwoven and complex factors that may ultimately lead to Asma al-Assad's trial, withdrawal of her nationality, or the preservation of the case without follow-up.
Al-Jazeera Net reviews - through the opinions of legal experts and lawyers in Britain - possible scenarios for the ways that the security investigation might take in this case.
Strong evidence
The British police deal with this file on the basis of the names of British citizens, as British law requires that any person involved in any acts that lead to support the killing of civilians be pursued, even through moral support, according to Professor of International Law in London, Dr. Mumtaz Suleiman.
Suleiman says that the evidence presented by the law firm to the British police is strong evidence confirming Asma al-Assad's support for the regime's army and her descent to speak with soldiers to incite the killing of civilians, especially in Ghouta, Damascus and Idlib.
In an interview with Al-Jazeera Net, Dr. Suleiman points out that British law defines incitement to terrorism as "everything that would carry out any speech or behavior that supports any violent movement or intimidation of safe civilians because of a political, religious or contractual dispute," adding that this behavior is proven in Asma al-Assad's right.
Regarding the evidence that prompted the British police to start the investigation, Dr. Mumtaz Soliman - who had seen some of the details of the file submitted to the police - revealed the existence of evidence since 2014, reports from the Human Rights Committee, and reports of fact-finding committees from the British Parliament and the US Congress.
In the event that the British police are convinced of the strength of the evidence presented, they will submit the file to the British public prosecutor, who in turn will study it, and he who decides to refer it to the criminal court or not to refer it, but going through all these stages needs a lot of time.
A whirlwind in a cup
On the other hand, the head of the Arab Lawyers Association, Sabah Al-Mukhtar, believes that the issue of Asma al-Assad with the British judiciary is a "complex and intertwined" issue, given that the accusation of terrorism takes many forms, and there is no agreed international definition of terrorism.
Dr. Sabah Al-Mukhtar added in an interview with Al-Jazeera Net, that the human rights reports on which the lawsuit may be based remain mere reports, and may not rise to the rank of legal evidence, and the photos and letters of Asma al-Assad with the regime's army need to be analyzed, to ensure that they actually included incitement to kill civilians.
And there is another direction that the investigation may go, which is the general accusation, and the intention is that Asma al-Assad, as the wife of Bashar al-Assad - accused of war crimes - is implicitly involved, albeit indirectly, in these crimes, because she openly declared her support for her husband.
Sabah Al-Mukhtar expects that the British police will find it difficult to find evidence proving Asma al-Assad's involvement in inciting terrorism, adding that if there is evidence, the police will seek to hear her as a British citizen, and she will definitely refuse to cooperate, and in Britain there are no trials in absentia.
Sabah al-Mukhtar distinguishes between two paths: the first is the withdrawal of nationality, which may take place directly through a request from the Ministry of the Interior, and then Asma al-Assad can object through the elimination of the withdrawal of her nationality.
As for the other track, it is the criminal path for Asma al-Assad's trial, and it requires a decision from the Attorney General, then transferring the file to the Criminal Court for her trial, and this will impose a legal cordon on Asma al-Assad and restrict her movement, according to Sabah al-Mukhtar, who estimates that this case is just a whirlwind in a cup and the security will close British this file without announcing anything.
Thorough investigation
In turn, the expert in international law, Bahia Mardini - who is from the University of Northampton in Britain - welcomed the British police’s decision to open a preliminary investigation against the possible involvement of Asma al-Assad in activities that support crimes against humanity, and her incitement to carry out terrorist acts against Syrian civilians. .
In an interview with Al-Jazeera Net, the legal expert believes that this investigation will lead to a comprehensive investigation, and it may reach stronger evidence condemning Asma al-Assad if the investigations deem that she must be brought before the British court as a "war criminal" and is involved in supporting terrorist activities.
Baheya Mardini excludes the existence of political dimensions in this file, saying that "the file is legal first and foremost, submitted by British lawyer Toby Cadman, and it would expand the investigation into the suspicious activities carried out by Asma because of her support for her husband Bashar al-Assad and his regime in the war against defenseless Syrians."
The legal expert believes that the allegation against Asma only came based on evidence and interviews with Syrians, in addition to studying letters that Asma al-Assad made to the Syrian regime forces and incited in clear terms against the Syrians.
Mardini expected that the expansion of the investigations will soon be, and this will mean her demand to appear before the British courts at an advanced stage in the event that the elements of the trial are completed.