Case: Fadia S. -

Case No:7 StS 3/20 - 1st Inst. Verdict – Final


Prosecuting Country: Germany
Nationality: German-Lebanese

Sentence

1st Instance:

4 years imprisonment

Case Summary


Fadia S., a German-Lebanese national, travelled to Syria with her four children in August 2015 to join her husband who had arrived earlier that year and joined ISIS. During their time in Syria, Fadia S. and her family moved into an apartment in Raqqa assigned to them by ISIS after the lawful owners had to flee from ISIS. Fadia S. raised her children in line with ISIS ideology, while exposing them to the hazards of the Syrian civil war and supported her husband who had a prominent role as ISIS fighter, in weapons management, and as a contact point for new recruits. In 2018, Fadia S. voluntarily returned to Germany with her then five children. She was arrested there in July 2020 and convicted one year later. A court found Fadia S. guilty of war crime of pillaging, membership in a foreign terrorist organisation, child neglect and sentenced her to 4 years imprisonment.

Criminal Case Records


Indictment

22 December 2020
Core International Crimes Charges
  • 2 counts of war crime of pillaging

Terrorism Charges
  • 3 counts of membership in a terrorist organisation

Other Domestic Charges
  • 4 counts of child neglect

Verdict

1st Instance:

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

  • 3 counts of membership in a foreign terrorist organisation

  • Domestic Crimes
  • 1 count of child neglect

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: ISIS

Travelled to conflict zone: Yes

Prosecution

Prosecution

Special procedure: N/A

Ground of jurisdiction: Active Personality

Sentencing Data


Mitigating Factors

  • No criminal record
  • Partial confession
  • Partially incriminated her husband
  • Showed remorse
  • Left ISIS territory for the safety of her kids
  • Crimes happened long time ago
  • Particular severity of detention due to pandemic and being a paren
  • Agreed that statements can be used in prosecution of her brother-in-law
  • Occupation of illegally obtained estate was necessary for defendant's existence
  • Estate was already illegally seized by ISIS

Aggravating Factors

  • Particular cruelty and territorial and operational scope of ISIS
  • Long duration of membership
  • Especially young age of children
  • Committed several crimes

Evidence Used

  • Defendant's statements
  • Expert report
  • Expert testimony
  • Chat conversations of defendant's husband who is prosecuted separately
  • Linguistic expert
  • Intelligence reports
  • Video found in her WhatsApp chats
  • Monitoring of telecommunication of persons close to defendant's husband

Sources


Indictment – Press Release

1st Instance Verdict – Full Judgment