Case: Abdoulrahman A. A. -

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


Prosecuting Country: Germany
Nationality: Syrian

Sentence

1st Instance:

5 years and 3 months imprisonment

Case Summary


The defendant, a Syrian national, founded a jihadist fighting unit at the end of 2011, which in 2012 became part of Jabhat al-Nusra. The Katiba participated in various battles, particularly in Raqqa. Along with Abdul Jawad A. K. and Abdalfatah H.A., he allegedly participated in the execution of thirty-six Syrian government employees, after a Sharia judge of JaN sentenced them to death. In August 2015, Abdoulrahman A. A. left Syria and travelled through various countries to reach Germany in September 2015. On 1 March 2017, he was arrested by German authorities and three years later convicted of membership in a foreign terrorist organisation and violating weapon control laws, while being acquitted of all counts of war crimes of murder, war crime of arbitrary detention and all counts of murder. He was sentenced to 5 years and 3 months in prison.

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 weapon control laws; 36 counts of murder

Verdict

1st Instance:

  • 3 counts of membership in a foreign terrorist organisation

  • Domestic Crimes
  • 1 count of violating weapon control laws

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

  • Partial confession
  • Membership in terrorist organisation happened several years ago
  • Limited capacities of the organisation
  • Relatable reason to join armed resistance against they Syrian regime
  • Terrorist organisation comprised largely of relatives
  • No criminal record
  • Long pre-trial detention

Aggravating Factors

  • Belonged to leadership circle of a terrorist organisation in his capacity as financial controller
  • Commission of several crimes
  • Radical orientation of the terrorist organisations

Evidence Used

  • Defendant's own statements
  • Witness testimony
  • 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