Case: Khaled A. -

Case No:(1) 2StE2/21-4 (1/21) - 1st Inst. Verdict – Final


Prosecuting Country: Germany
Nationality: Syrian

Sentence

1st Instance:

2 years imprisonment on parole

Case Summary


Khaled A., a Syrian national, was a member of the terrorist organisation Ahrar al-Tabqa between January and August 2013. He was involved in media activities and arranging accommodation, as well as collecting donations for refugees in the region. Khaled A. eventually left Syria and settled in Germany where he was arrested in August 2020. On 4 May 2021 he was found guilty of membership in a foreign terrorist organisation and war crime of pillaging. Khaled A. was sentenced to 2 years imprisonment on parole. The proceedings against Khaled A. concerning alleged violations of weapons of war control laws were terminated since the applicable statute of limitations entered into force before his arrest.

Criminal Case Records


Indictment

19 January 2021
Core International Crimes Charges
  • 1 count of war crimes of pillaging

Terrorism Charges
  • 2 counts of membership in a terrorist organisation

Other Domestic Charges
  • 1 count of violations of weapons of war control laws

Verdict

1st Instance:

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

  • 2 counts of membership in a foreign terrorist organisation

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: Ahrar al-Tabqa

Travelled to conflict zone: Resident in conflict zone

Prosecution

Prosecution

Special procedure: N/A

Ground of jurisdiction: Universal Jurisdiction

Sentencing Data


Mitigating Factors

  • 5-year-statute of limitations applicable to violation of weapons of war control laws which was not interrupted on time, thus proceedings for this charge had to be terminated
  • No criminal record
  • Late but extensive confession
  • Showed remorse
  • Used his position as part of the group to improve living conditions of local refugees
  • Particular severity of pre-trial conditions due to Covid-19 restrictions
  • Stable living conditions in Germany
  • Found himself in situation of armed conflict where he was part-time joining a terrorist organisation without salary and tried to improve living conditions for others

Aggravating Factors

  • Participated in making propaganda videos for over half a year
  • Leading role in pillaging activities
  • Committed several crimes

Evidence Used

  • Confession
  • Expert testimony

Sources


Indictment – Press Release

1st Instance Verdict – On File