Case: Deniz B. -

Deniz B., husband of the separately prosecuted Sibel H., travelled to Iraq via Syria in spring of 2016 in order to join ISIS. In Iraq he underwent 40 days of military training for the organisation. Deniz B. subsequently served as an armed guard for ISIS in the Tal Afar region. Eventually, he acted as a reserve fighter and in supportive functions for a local ISIS combat unit. For his services, Deniz. B. received a monthly salary from ISIS and was equipped with a rifle and possessed an explosive vest. During their stay in Iraq, Deniz B. and his wife resided in several places in Mosul and Tal Afar. Among others, they lived in two houses which were illegally seized by ISIS. According to the court, both houses belonged to people who previously had to flee from ISIS or had been killed or expelled by the organisation. In August 2017, Deniz B., his wife and their son attempted to flee ISIS held territory, however, they were arrested by Kurdish forces. Deniz B. was detained and stayed in detention in Dohuk and Erbil until his repatriation to Germany in December 2022. Upon his return, he was arrested and placed in pre-trial detention in Germany until end of March 2023 when he was released under special conditions. In May 2024, the court of first instance found Deniz B. guilty of three counts of membership in a foreign terrorist organisation and two counts of war crime of pillaging. He was sentenced to five years imprisonment. Among others, the court took into account the extensive confession of the defendant as well as the miserbale detention conditions in Iraq which severely differ from the standards in Germany and Europe, as the court concluded.