Case: Mustafa K. -

Case No:5 StS-1/18 - 1st Inst. Verdict – Final


Prosecuting Country: Germany
Nationality: Syrian

Sentence

1st Instance:

2 years and 9 months imprisonment

Case Summary


Mustafa K., a Syrian national, offered his house as shelter for members of Jabhat al-Nusra (JaN) in 2012 and participated in patrols together with members of the organisation. Together with his brothers, of whom two stood trial with him, he fled to Germany where he and two of his brothers were arrested in 2017. In January 2018, Mustafa K. and his brother Sultan K. were charged with membership in a foreign terrorist organisation and war crimes. Their brother Ahmed K. was also charged with membership in a foreign terrorist organisation. In December of the same year, Ahmad K. was found guilty of support of a foreign terrorist organisation and sentenced to 3 years probation. The court was, however, neither convinced that, Mustafa K. and his brother Sultan K. were involved in forced displacement and pillaging as war crimes, nor that they were members of Jabhat al-Nusra.

Criminal Case Records


Indictment

25 January 2018
Core International Crimes Charges
  • 1 count of war crime of displacement; 1 count of war crime of pillaging

Terrorism Charges
  • 3 counts of membership in a terrorist organisation

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

Verdict

1st Instance:

  • 1 count of support of a 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: Jabhat al-Nusra (JaN)

Travelled to conflict zone: Resident in conflict zone

Prosecution

Prosecution

Special procedure: N/A

Ground of jurisdiction: Universal Jurisdiction

Sentencing Data


Mitigating Factors

  • No previous criminal record

Aggravating Factors

No data


Evidence Used

  • Witness testimony

Sources


Indictment – Press Release

1st Instance Verdict – Press Release