Case: Omaima A. -

Case No:3 St 1/20; 3 StR 26/21 - 2nd Inst. Verdict – Final


Prosecuting Country: Germany
Nationality: German

Sentence

2nd Instance:

3 years and 6 months imprisonment

1st Instance:

3 years and 6 months imprisonment

Case Summary


Omaima A., a German national, travelled to Syria in 2015 along with her three underage children and her husband, in order to join ISIS. During their time in ISIS-controlled areas, Omaima A.’s husband became an ISIS fighter while she took care of the household. In doing so, she used a 13 year old Yazidi girl and a Yazidi woman, enslaved by her friend and fellow ISIS returnee Sarah O. When her husband died, she re-married another ISIS fighter. Throughout her time in Syria, Omaima A. also promoted life in the ‘Caliphate’ on social media and attempted to convince other German women to join ISIS in Syria. In 2016, Omaima A. voluntarily returned to Germany. She was arrested on 9 September 2019 and convicted a year later. Omaima A. was found guilty of membership in a foreign terrorist organisation, crimes against humanity of enslavement and deprivation of liberty, and sentenced to 3 years and 6 months imprisonment. On 22 March 2021, the Federal Court of Justice confirmed the verdict and sentence on appeal. Four months later, Omaima A. was sentenced to another 2 years in prison leading to an overall sentence of 4 years imprisonment, after entering into a guilty plea concerning additional charges brought in Case 4 St 1/21.

Criminal Case Records


Indictment

6 March 2020
Core International Crimes Charges
  • 1 count of aiding and abetting crimes against humanity of enslavement; 1 count of aiding and abetting crimes against humanity of deprivation of liberty

Terrorism Charges
  • 4 counts of membership in a terrorist organisation

Other Domestic Charges
  • 1 count of child neglect; 1 count of exploitative human trafficking of a minor; 1 count of deprivation of liberty; 1 count of violation of weapons of war control laws

Verdict

2nd Instance:

  • Core International Crimes
  • 1 count of crimes against humanity by aiding and abetting enslavement; 1 count of aiding and abetting crimes against humanity by deprivation of liberty

  • 4 counts of membership in a foreign terrorist organisation

1st Instance:

  • Core International Crimes
  • 1 count of crimes against humanity of aiding and abetting enslavement; 1 count of aiding and abetting crimes against humanity of deprivation of liberty

  • 4 counts of membership in a foreign terrorist organisation

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

Travelled to conflict zone: Yes

Prosecution

Prosecution

Special procedure: N/A

Ground of jurisdiction: Active Personality

Sentencing Data


Mitigating Factors

  • No criminal record
  • Crimes occurred relatively long time ago
  • Aiding and abetting CAH was only for a very short time
  • Health issues and separation from family make detention especially hard

Aggravating Factors

  • Close connection to German ISIS community in Raqqa
  • Particular cruelty and territorial and operational scope of the organisation
  • Membership of more than one and a half years
  • Gave up her resistance towards enslavement and later made use of it herself
  • Commission of several crimes

Evidence Used

  • Partial confession
  • Expert testimony
  • Testimony from other female German ISIS affiliate
  • Facebook pages
  • ISIS documents
  • Victim testimony
  • Pictures and videos found on defendant's phone
  • Recording of telecommunication observation

Sources


Indictment – Press Release

1st Instance Verdict – Full Judgment

2nd Instance Verdict – Full Judgment