Case: Fares A.B. -

Case No:5 - 3 StE 6/19/3 StR 212/21 - 2nd Inst. Verdict – Final


Prosecuting Country: Germany
Nationality: Syrian

Sentence

2nd Instance:

12 years imprisonment

1st Instance:

12 years imprisonment

Case Summary


In December 2012, Fares A.B., a Syrian national, joined a subgroup of the Free Syrian Army (FSA). In this capacity, he shot at a prisoner under the control of the group, killing the victim. In June 2014, the defendant joined ISIS and participated in the mistreatment of three individuals who were no longer taking part in the hostilities. Fares A.B. left Syria in around October 2014, travelling to Germany where he was arrested on 8 August 2017. On 19 November 2020, he was convicted, among others of membership in a foreign terrorist organisation, namely ISIS, as well as several war crimes that he committed while being part of the FSA subgroup as well as ISIS. Fares A.B. was sentenced to 12 years imprisonment. His appeal was dismissed in August 2021.

Criminal Case Records


Indictment

12 June 2019
Core International Crimes Charges
  • 2 counts of war crime of murder; 2 counts of war crime of torture

Terrorism Charges
  • 5 counts of membership in a terrorist organisation

Other Domestic Charges
  • 3 counts of violation of weapons of war control laws; 1 count of serious bodily harm

Verdict

2nd Instance:

  • Core International Crimes
  • 1 count of attempted war crime of murder; 2 counts of war crime of torture

  • Terrorism Crimes
  • 4 counts of membership in a terrorist organisation

  • Domestic Crimes
  • 1 count of serious bodily harm

1st Instance:

  • Core International Crimes
  • 1 count of attempted war crime of murder; 2 counts of war crime of torture

  • Terrorism Crimes
  • 4 counts of membership in a terrorist organisation

  • Domestic Crimes
  • 1 count of serious bodily harm

More details


Defendant

Defendant

Nationality:

Gender:

Progress details

Progress details

Case status: 2nd Inst. Verdict – Final

Verdict status: Partial Acquittal

Case details

Case details

Affiliated group: ISIS; Free Syrian Army (FSA)

Travelled to conflict zone: Resident in conflict zone

Prosecution

Prosecution

Special procedure: N/A

Ground of jurisdiction: Universal Jurisdiction

Sentencing Data


Mitigating Factors

None

Aggravating Factors

  • Particular cruelty towards military opponents as well as third persons
  • Committed several crimes as part of his membership in ISIS
  • Young age of victim

Evidence Used

  • Defendant's own statements
  • Video clips and pictures from defendant's Facebook profile
  • Videoclips seized in defendant's apartment
  • Witness testimonies
  • Phone surveillance
  • Expert reports
  • Expert testimony

Sources


Indictment – Press Release

1st Instance Verdict – On File

2nd Instance Verdict – Full Judgment