Case: Mine K. -

Case No:2 StS 2/19 - 1st Inst. Verdict – Final


Prosecuting Country: Germany
Nationality: German

Sentence

1st Instance:

3 years and 9 months imprisonment

Case Summary


In January 2015, German Mine K. married an ISIS fighter, who was in Turkey. In February of the same year she travelled to Turkey and subsequently to Syria to join ISIS. Initially, she lived in an ISIS women’s shelter in Mosul for three months, before moving to Tal Araf in Iraq with her husband, to live in a house whose rightful occupants had fled from ISIS. In December 2015, following her husband’s death, Mine K. returned to Mosul, at which point ISIS payments ceased. In October of the same year, she voluntarily left Syria through Turkey and returned to Germany where she was arrested on 17 of October 2018. On 4 December 2019, she was sentenced to 3 years and 9 months imprisonment after being found guilty of war crime of pillaging and membership in a foreign terrorist organisation.

Criminal Case Records


Indictment

5 April 2019
Core International Crimes Charges
  • 1 count of war crime of pillaging

Terrorism Charges
  • 1 count of membership in a terrorist organisation

Verdict

1st Instance:

  • Core International Crimes
  • 1 count of war crime of pillaging

  • 1 count of membership in a foreign terrorist organisation

More details


Defendant

Defendant

Nationality:

Gender:

Progress details

Progress details

Case status: 1st Inst. Verdict – Final

Verdict status: Conviction

Case details

Case details

Affiliated group: ISIS

Travelled to conflict zone: Yes

Prosecution

Prosecution

Special procedure: N/A

Ground of jurisdiction: Active Personality

Sentencing Data


Mitigating Factors

  • No previous conviction in Germany
  • Sensitive to imprisonment due to her illnesses
  • She is largely isolated as her family has turned away from her
  • Detention separates her from her son which is stressful to her
  • The deprivation of liberty suffered by the accused in Turkey in the period from 23 October 2016 to 25 October 2016 shall be credited against the custodial sentence in the ratio 1:2

Aggravating Factors

  • IS is a particularly dangerous terrorist organization with acts of extreme brutality, and the involvement of the accused was not only of minor importance
  • Membership contributions came in form of war crimes

Evidence Used

  • Expert reports on medical condition
  • Emails with a witness (evidence of her stays)
  • Her Facebook account with text and images (evidence of her radicalization)
  • Her contributions on a IS-support Facebook page
  • USB stick seized from her with files related to Salafist and jihadist Islam
  • Skype text messages (evidence of her marriage)
  • Location data of her cell phone (evidence of travels)
  • Liquidation of her funds (evidence of her desire to stay abroad)
  • Recorded hearing of the defendant at the German embassy in Turkey
  • Witness statement • Expert witnesses

Sources


Indictment – Press Release

1st Instance Verdict – Full Judgment