Case: Derya Ö. -

Case No:III - 5 StS 2/19 - 1st Inst. Verdict – Final


Prosecuting Country: Germany
Nationality: German

Sentence

1st Instance:

2 years and 9 months imprisonment

Case Summary


Derya Ö. travelled to Syria and joined ISIS in February 2014, where she married an ISIS fighter with whom she had been in contact prior to leaving Germany. The couple lived in various places in ISIS controlled areas in Syria and Iraq, particularly in houses whose rightful residents had to flee from ISIS. Derya Ö. Received monthly payments from ISIS and learned how to use weapons. Derya Ö. also possessed an explosive belt to be used for a suicide attack. In 2016, following her husband’s death, she travelled to Turkey. In December 2016, she briefly returned to Syria until February 2017 before attempting to re-enter Turkey when she was arrested and on 24 August 2017 and deported to Germany. On 14 November 2018, Derya Ö. was arrested and one year later found guilty of , among others, war crimes of pillaging and membership in a foreign terrorist organisation. She was sentenced to 2 years and 9 months imprisonment.

Criminal Case Records


Indictment

9 May 2019
Core International Crimes Charges
  • 3 counts of war crime of pillaging

Terrorism Charges
  • 5 counts of membership in a terrorist organisation

Other Domestic Charges
  • 3 counts of violation of weapons of war control laws

Verdict

1st Instance:

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

  • 5 counts of membership in a foreign terrorist organisation

  • Domestic Crimes
  • 2 counts of violation of weapons of war control laws

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

  • Early and extensive confession
  • Showed remorse
  • Was caught in prostitution and loneliness which drove her towards ISIS
  • Supported prosecution of other cases as witness despite being aware of security risks
  • Particular severity of detention due to separation from son and death of her mother
  • The continuous deprivations of liberty in Turkey in the periods from 23 October to 25 October 2016 and from 2 February to 2 May 2017 are credited on a one-to-two scale to the custodial sentence.

Aggravating Factors

  • Long period of membership
  • Returned to ISIS after a short detour to Turkey
  • Was allocated to live in illegally obtained apartment

Evidence Used

  • Defendant's statements
  • Expert testimony
  • Expert reports
  • Open-source pictures and videos found on defendant's Facebook account and the account of her husband
  • Translation of case files from criminal proceedings against the defendant in Turkey

Sources


Indictment – Press Release

1st Instance Verdict – Full Judgment