Case: Sami al-S. -

Case No:6 StS 2/20; 3 StR 16/22 - 2nd Inst. Verdict – Final


Prosecuting Country: Germany
Nationality: Syrian

Sentence

2nd Instance:

9 years imprisonment

1st Instance:

9 years imprisonment confiscation of external hard drive

Case Summary


Sami al-S., a Syrian national, had been part of opposition groups in Syria since 2011. In 2012, he was running a media office spreading propaganda in support of the activities of the opposition to the Syrian government. As an operator of this media office, he accompanied various groups in battles and skirmishes, video-taping and commenting on them. On 10 July 2012, he was involved in Jabhat al-Nusra’s execution of an officer of the Syrian Armed forces by making a propaganda video. Sami al-S. recorded the victim and glorified the act, encouraging the executioners to commit the crime. Two years later, he was arrested by ISIS, which prompted him to flee to Turkey and subsequently Germany, where he arrived in September 2014 and was granted refugee status. On 13 July 2020, German authorities arrested in connection to allegations of war crimes surrounding the execution. The court found him guilty of support to a terrorist organisation, aiding and abetting the war crime of murder, and aiding and abetting murder, sentencing him to 9 years imprisonment on 26 August 2021. On 5 April 2022, the Federal Court of Justice confirmed the verdict and sentence on appeal.

Criminal Case Records


Indictment

16 December 2020
Core International Crimes Charges
  • 1 count of co-perpetrating war crime of murder

Terrorism Charges
  • 1 count of support of a terrorist organisation

Other Domestic Charges
  • 1 count of murder

Verdict

2nd Instance:

  • Core International Crimes
  • 1 count of aiding and abetting the war crime of murder

  • 1 count of support of a terrorist organisation

  • Domestic Crimes
  • 1 count of aiding and abetting murder

1st Instance:

  • Core International Crimes
  • 1 count of aiding and abetting the war crime of murder of a person protected under IHL

  • 1 count of support of a terrorist organisation

  • Domestic Crimes
  • 1 count of aiding and abetting murder

More details


Defendant

Defendant

Nationality:

Gender:

Progress details

Progress details

Case status: 2nd Inst. Verdict – Final

Verdict status: Conviction

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 criminal record
  • Crimes occurred relatively long time ago
  • Relatable reasons to join armed resistance against the Syrian regime
  • Likely to face asylum/residence permit related negative consequences
  • Seizure of hard drive including all data saved on it

Aggravating Factors

  • Particular cruelty and regional as well as operational scope of the organisation

Evidence Used

  • Video of the execution, and further video recording found on a data carrier secured from Sami
  • Witness (Khedr's brother, Ahmad, convicted of war crimes by the NL)

Sources


Indictment – Press Release

1st Instance Verdict – Full Judgment

2nd Instance Verdict – Full Judgment