Case: Y. A. -

Case No:99/17.0JBLSB - 1st Inst. Verdict – Appeal Pending


Prosecuting Country: Portugal
Nationality: Iraqi

Sentence

1st Instance:

10 years imprisonment

Case Summary


Between 2014 and 2016, Y. A., an Iraqi male, is said to have been a member ISIS, like his brother A. A. who is also being prosecuted by Portuguese authorities. While part of ISIS' intelligence unit (Amniyah), Y. A. allegedly committed war crimes against people in Iraq. On 5 September 2022, Portuguese prosecutors charged him with eight counts of war crimes against a person and one count of membership in a terrorist organisation. This case of the two Iraqi brothers was the first time that Portuguese authorities charged foreign individuals for war crimes against persons committed in Iraq. On 18 January 2024, the court of first instance sentenced Y. A. to ten years imprisonment after finding him guilty of membership in a terrorist organisation. The Public Prosecutor has appealed the judgment.

Criminal Case Records


Indictment

5 September 2022
Core International Crimes Charges
  • 8 counts of war crimes against persons

Terrorism Charges
  • 1 count of membership in a terrorist organisation

Verdict

1st Instance:

  • Terrorism Crimes
  • 1 count of membership in a terrorist organisation

More details


Defendant

Defendant

Nationality:

Gender:

Progress details

Progress details

Case status: 1st Inst. Verdict – Appeal Pending

Verdict status: Partial Acquittal

Case details

Case details

Affiliated group: ISIS

Travelled to conflict zone: Resident in conflict zone

Prosecution

Prosecution

Special procedure: N/A

Ground of jurisdiction: Universal Jurisdiction

Sentencing Data



Evidence Used

• Expert testimony
• Witness testimonies
• Evidence gathered by UNITAD, FBI, and EUROPOL
• Battlefield evidence gathered through Operation Gallant Phoenix

Sources


Indictment - Press Release

Ongoing trial - Press Release

1st instance verdict - Press Release