The judge in 2017 ordered the seizure of more than 500 properties belonging to Assad and his relatives.
Rifaat Assad, the younger brother of former President Hafez al-Assad, is thought to be responsible for the 1982 Hama massacre that saw the deaths of as many as 40,000 people and the 1980 Tadmor prison massacre of between 500 to 1,000 inmates.
The former vice president went into exile in 1984 after allegedly launching a failed coup attempt against his brother, and currently lives between France and the United Kingdom.
Rifaat al-Assad is also facing trial in France for alleged money laundering in building a 90 million euro ($102 million) property portfolio.
De la Mata has asked prosecutors to decide if Spain should proceed with the case.
One of Rifaat Assad’s wives and three of his children have controversially been granted the right to live indefinitely in the UK.
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