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Case: Suliman Al S. -

Case No:6 - 3 StE 5/16; 3 StR 149/18 - 3rd Inst. Verdict – Final

Prosecuting Country: Germany
Nationality: Syrian

Sentence

3rd Instance:

4 years and 9 months imprisonment

2nd Instance:

Asylum/immigration related consequences and media reporting are no sentencing factors; aiding and abetting in relation to WC and deprivation of liberty changed to principal perpetrator

1st Instance:

3 years and 6 months imprisonment

Case Summary

Suliman Al S., a Syrian national affiliated with Jabhat al-Nusra, left Syria and entered Germany in 2014. On 21 January 2016, he was arrested on suspicions of kidnapping and holding captive a Canadian UN employee for 4 weeks between March and May of 2013. On 20 September 2027, Suliman Al S. was convicted of aiding and abetting war crimes against a humanitarian operation, aiding and abetting a severe case of abduction, attempted extortion, and aiding and abetting severe deprivation of liberty, resulting in a sentence of 3 years and 6 months imprisonment. Suliman Al S. was acquitted of membership in a terrorist organisation as the court could not find that the group which he was affiliated with and which conducted the abduction of the victim was indeed part of Jabhat Al-Nusra as the prosecution had claimed. Following an appeal, on 23 August 2018 his conviction was altered in relation to the counts of war crime against a humanitarian operation and severe deprivation of liberty from an aider and abettor to principal perpetrator. His sentence was thus increased to 4 years and 9 months imprisonment on 23 January 2019.

Criminal Case Records

Indictment

27 June 2016
Core International Crimes Charges

  • 1 count of war crime against a humanitarian operation

Terrorism Charges

  • 1 count of membership in a terrorist organisation

Other Domestic Charges

  • 3 counts of abduction for purpose of extortion; 1 count of severe deprivation of liberty; 3 counts of attempted extortion with use or threat of force

Verdict

3rd Instance:

  • Core International Crimes

  • 1 count of war crimes against a humanitarian organisation

  • Domestic Crimes

  • 3 counts of aiding and abetting a severe case of abduction for purpose of extortion; 3 counts of attempted extortion with use or threat of force; 1 count of severe deprivation of liberty

2nd Instance:

  • Core International Crimes

  • 1 count of war crimes against a humanitarian organisation

  • Domestic Crimes

  • 3 counts of aiding and abetting a severe case of abduction for purpose of extortion; 3 counts of attempted extortion with use or threat of force; 1 count of severe deprivation of liberty

1st Instance:

  • Core International Crimes

  • 1 count of aiding and abetting war crimes against a humanitarian organisation

  • Domestic Crimes

  • 3 counts of aiding and abetting a severe case of abduction for purposes of extortion; 3 counts of attempted extortion with use or threat of force; 1 count of aiding and abetting severe deprivation of liberty

More details

Defendant

Defendant

Nationality:

Gender:

Progress details

Progress details

Case status: 3rd 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 criminal record in Germany
  • Defendant's partial confession in particular in relation to confirming that he was one of the guards since the victim's previous identification of the defendant as one of the guards was not of high evidentiary value for the judges
  • Defendant's subordinate role
  • Difficult detention situation for defendant given limited language skills
  • Long trial duration • Media reporting about defendant including personal details
  • Only 21 years old at time of the crime
  • Found himself in a civil war in Syria
  • Mainly financial motives in participating in the crimes
  • Victim recklessly eased commission of the crime by not adhering to security standards
  • Apologised to the victim
  • Likely to face expulsion from Germany after serving sentence

Aggravating Factors

  • Long duration of detention
  • Victim's fear for his life during detention
  • Aim of group to blackmail UN and victim's family
  • High ransom
  • Necessary psychosocial treatment of the victim and continued mental health issues
  • Defendant's acts constitute several crimes

Evidence Used

  • Defendant's own statements
  • Plaintiffs' testimony
  • Witness testimonies
  • Expert testimony
  • Expert reports
  • UN resolutions regarding relevant UN mission
  • Psychosocial expert report
  • Satellite imagery
  • Report of UN board of Inquiry
  • Minutes of consular questioning
  • Statements by Canadian authorities
  • Videos of victim made during his detention as proof of his wellbeing and sent to UN for blackmailing purposes
  • Defendant's Facebook postings

Sources

Indictment – Press Release

1st Instance Verdict – On File

2nd Instance Verdict – Full Judgment

3rd Instance Verdict – On File

3rd Instance Verdict – Press Release

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Last update: 2 May 2025