Case: Abdalfatah H. A. -

Case No:5-2 StE 5/17-4 - 1st Inst. Verdict – Final


Prosecuting Country: Germany
Nationality: Syrian

Sentence

1st Instance:

8 years and 6 months imprisonment

Case Summary


Abdalfatah H. A., a Syrian national, was one of the co-founders of a Jabhat al-Nusra (JaN) affiliated Katiba. As part of the group, which operated mostly in Raqqa and participated in various battles, he was accused of having been involved in the execution of thirty-six Syrian government employees, carried out by Abdul Jawad A.K. following a death sentence handed down by a Sharia judge of JaN. In October 2015, he entered Germany as an asylum seeker with his family. On 1 March 2017, he was arrested in Germany and on 13 January 2020 convicted of twenty two counts of membership in an foreign terrorist organisation, twenty-one counts of deprivation of liberty, and nineteen counts of deprivation of liberty resulting in death. He was sentenced to 8 years and 6 months imprisonment. On 10 August 2021, the Federal Court of Justice confirmed the verdict and sentence.

Criminal Case Records


Indictment

28 April 2017
Core International Crimes Charges
  • 37 counts of war crime of murder of a person protected under IHL; 1 count of war crimes of arbitrary detention

Terrorism Charges
  • 1 count of membership in a terrorist organisation

Other Domestic Charges
  • 1 count of violating arms control laws; 36 counts of murder

Verdict

1st Instance:

  • 22 counts of membership in a foreign terrorist organisation

  • Domestic Crimes
  • 1 count of violating arms control laws; 19 counts of deprivation of liberty resulting in death; 21 counts of deprivation of liberty

More details


Defendant

Defendant

Nationality:

Gender:

Progress details

Progress details

Case status: 1st Inst. Verdict – Final

Verdict status: Partial Acquittal

Case details

Case details

Affiliated group: Jabhat al-Nusra (JaN)

Travelled to conflict zone: Resident in conflict zone

Prosecution

Prosecution

Special procedure: N/A

Ground of jurisdiction: Universal Jurisdiction

Sentencing Data


Mitigating Factors

  • Membership in terrorist organisation happened several years ago
  • Limited capacities of the organisation
  • No criminal record

Aggravating Factors

  • Radical Jihadist motivation of the group
  • Commission of several crimes

Evidence Used

  • Witness testimony
  • Statements of co-defendants
  • Expert report
  • Expert testimony
  • Open-source videos posted by terrorist organisation
  • Audiovisual testimony by anonymised Dutch witness
  • Testimony of defendant in other terrorism trial

Sources


Indictment – Press Release

1st Instance Verdict – Full Judgment