SAMIR OUSMAN ALSHEIKH, FORMER SYRIAN GOVERNMENT OFFICIAL, TO STAND TRIAL IN THE U.S. FOR TORTURE
Frequently Asked Questions and Answers
Who is Samir Ousman Alsheikh and what are the charges against him?
Samir Ousman Alsheikh is a former Syrian government official and a former brigadier general. He was allegedly the head of Adra prison from 2005 to about 2008 and the governor of Deir Ez-Zour from July 2011 until January 2013. Alsheikh arrived in the U.S. in March 2020, where he obtained permanent residency and applied for U.S. citizenship. He was arrested in Los Angeles in July 2024, initially on charges of immigration fraud.
In December 2024, the U.S. Department of Justice charged Alsheikh with three counts of torture of detainees at Adra prison and one count of conspiracy to commit torture at Adra prison. The charges stem from his tenure as head of Adra prison, and torture allegedly carried out in the underground area of Adra prison’s Wing 13. Alsheikh is charged under the Torture Act, which allows the U.S. to prosecute individuals within its territory for acts of torture committed outside its borders.
Alsheikh is also being prosecuted for immigration fraud for allegedly lying to U.S. officials about his participation in torture, extrajudicial killings, and political persecution while he was the head of Adra prison, as well as lying about his membership in Assad’s government and the Ba’ath Party, Assad’s political party.
Where and when will the trial take place?
Alsheikh’s trial will take place in the U.S. District Court for the Central District of California in Los Angeles, where Alsheikh was initially found and arrested. The trial is currently scheduled to take place on March 3, 2026 and is expected to last approximately 7-10 days, although this is subject to change.
While criminal trials in the U.S. are typically open to the public, a judge may grant requests to restrict public access under exceptional circumstances, such as to protect the safety of a witness.
What will happen at trial?
Under the U.S. system of justice, Alsheikh is presumed innocent until he is proven guilty. A jury will be asked to determine his guilt or innocence. At trial, the burden is on the prosecution to prove the charges against Alsheikh. The prosecution may ask victims to testify at the trial. Alsheikh will have an opportunity to present a defense by presenting his own evidence and arguments, although he is not required to do so. After hearing the evidence, the jury will decide whether it finds Alsheikh guilty of each charge. For Alsheikh to be found guilty as to each charge, the jury must find that he is responsible for the acts alleged “beyond a reasonable doubt.” The jury’s decision to convict must be unanimous, meaning that all the members of the jury must vote to find Alsheikh guilty to convict him of the charged crime. The jury could find Alsheikh guilty on all, none, or only some of the charges. He remains in detention while awaiting trial.
Can Alsheikh plead guilty and avoid the trial?
Yes, Alsheikh can plead guilty at any point before or during trial. He can also try to negotiate a plea agreement with the prosecutor at any point before the jury reaches a verdict, although the prosecutor may decline to negotiate. Under a plea agreement, Alsheikh would plead guilty in exchange for a compromise from the prosecutor, such as a shorter prison sentence than what he might have received at the end of a trial.
Will Alsheikh be required to testify about his crimes?
Under U.S. law, criminal defendants cannot be forced to testify. Alsheikh can choose to testify, but if he does so, he can be cross-examined by the prosecution.
What happens if Alsheikh is found guilty?
If Alsheikh is found guilty or pleads guilty, the court will schedule a sentencing hearing, where a judge will decide his punishment. Sentencing hearings normally take place several weeks after the jury makes its decision. At the sentencing hearing, both the prosecution and the defense will present arguments about what the appropriate sentence should be. Victims who meet certain legal requirements may also have an opportunity to present statements describing how Alsheikh’s crimes affected them. After this information has been submitted, the judge will decide the sentence. Alsheikh could receive a maximum sentence of 100 years in prison: 20 years for each count of torture and conspiracy to commit torture and 10 years in prison for each count of immigration fraud.
Will Alsheikh have an opportunity to appeal?
Yes. If Alsheikh is found guilty, he has the right to appeal. However, the prosecution cannot appeal an acquittal by the jury.
Why has Alsheikh only been charged for these acts of torture and immigration fraud when he is also alleged to have committed other crimes?
U.S. prosecutors have discretion over which cases they bring. In making these decisions, prosecutors consider many factors, including available resources and evidence. The prosecutors have not disclosed why they chose to prosecute these particular crimes, nor are they required to do so.
Why is Alsheikh’s prosecution taking place in the U.S.?
Alsheikh entered the U.S. in March 2020 and, according to the U.S. government, has been residing in South Carolina and California since then.
Under the Torture Act, the U.S. government has the legal authority to prosecute Alsheikh for torture outside of the U.S. because Alsheikh was present in the United States at the time of the indictment.
What role will victims play in the Alsheikh’s criminal trial?
In the U.S., victims and survivors do not have a role comparable to civil parties in civil law countries such as France or Germany. However, the prosecutor may call some of the alleged victims to voluntarily testify as witnesses. Victims who meet the legal requirements of the Crime Victims’ Rights Act have the right to timely notice about developments in the case, and the “right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.”
Who will testify at Alsheikh’s trial?
The prosecutor or defense attorney may invite people to voluntarily testify as witnesses at trial, or require them to testify through a process called a subpoena. The prosecutor, defense attorney, and judge decide who will testify as a witness.
Witnesses may include victims, but also other people who have relevant information about the crimes allegedly committed by Alsheikh.
Who can submit information at sentencing if Alsheikh is convicted?
If Alsheikh is convicted, victims who meet certain legal requirements may be able to submit statements that describe how the alleged crimes impacted them, their family, and their community.