Case: Taha al-J. -

Case No:5-3 StE 1/20-4-1/20; 3 StR 230/22 - 2nd Inst. Verdict – Final


Prosecuting Country: Germany
Nationality: Iraqi

Sentence

2nd Instance:

Life imprisonment 50,000EUR compensation payment to plaintiff

1st Instance:

Life imprisonment 50,000EUR compensation payment to plaintiff

Case Summary


Taha al-J., an Iraqi national, joined in Syria at least March 2015. During his time with ISIS, he bought a Yazidi woman and her five-year old daughter as slaves after they had been captured in 2014 following ISIS’ attack on the Sinjar area. Taha al-J. subjected them to serious physical and mental abuse. Namely, he forced the mother to stand barefoot in a stone courtyard in extremely high temperatures and tied her daughter outside the living room window exposing her to direct sunlight. After some time the defendant untied the child, who had suffered a heat stroke and was either already dead at the time or died shortly after. In May 2019, he was captured in Greece and extradited to Germany. A German court found him guilty of genocide, crimes against humanity, and war crimes. On 30 November 2021 he was sentenced to life imprisonment and ordered to a 50,000 EUR compensation payment to the Yazidi woman who joined the proceedings as plaintiff. A year later, the Federal Court of Justice acquitted him of 2 counts of aiding and abetting the war crime of displacement and 1 count of bodily harm resulting in death, but upheld the sentence. Taha al-J. was the first individual worldwide to be convicted for genocide charges in relation to ISIS genocide against the Yazidis.

Criminal Case Records


Indictment

14 February 2020
Core International Crimes Charges
  • 1 count of genocide by killing; 2 counts of genocide by causing serious bodily or mental harm; 2 counts of genocide by deliberately inflicting conditions of life calculated to bring about physical destruction; 1 count of war crime of murder of a person protected under IHL, 2 counts of war crime of torture; 1 count of crimes against humanity of murder, 1 count of crimes against humanity of enslavement in two cases, 2 counts of crimes against humanity of torture; 2 counts of crimes against humanity of severe deprivation of liberty

Terrorism Charges
  • 1 count of membership in a terrorist organisation

Other Domestic Charges
  • 1 count of murder, 1 count of human trafficking for exploitation of work

Verdict

2nd Instance:

  • Core International Crimes
  • 2 counts of genocide by causing severe bodily or mental harm; 1 count of crimes against humanity by enslavement; 1 count of crimes against humanity by torture; 1 count of crimes against humanity by causing severe bodily and mental harm; 1 count of crimes against humanity by severe deprivation of liberty; 1 count of crimes against humanity by torture resulting in death; 1 count of crimes against humanity by causing severe bodily and mental harm resulting in death; 1 count of crimes against humanity by severe deprivation of liberty resulting in death; 1 count of war crime by torture resulting in death

1st Instance:

  • Core International Crimes
  • 2 counts of genocide of causing severe bodily or mental harm; 1 count of crimes against humanity of enslavement; 1 count of crimes against humanity of torture; 1 count of crimes against humanity of causing severe bodily and mental harm; 1 count of crimes against humanity of severe deprivation of liberty; 1 count of crimes against humanity of torture resulting in death; 1 count of crimes against humanity of causing severe bodily and mental harm resulting in death; 1 count of crimes against humanity of severe deprivation of liberty resulting in death; 1 count of war crime of torture resulting in death; 2 counts of aiding and abetting war crime of displacement

  • Domestic Crimes
  • 1 count of bodily harm resulting in death

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: Resident in conflict zone

Prosecution

Prosecution

Special procedure: N/A

Ground of jurisdiction: Universal Jurisdiction

Sentencing Data


Mitigating Factors

  • Defendant showed some efforts to save the child (giving water, taking her to the hospital)
  • Defendant already felt the consequences of his actions when ISIS interrogated and beat him
  • Defendant had a low threshold for using violence due to violence experienced through his father and due to growing up in a civil war
  • No criminal record in Germany
  • Young age of the defendant at commission of crimes-close to being a young adult
  • Crimes were committed six years ago
  • Long duration of trial although no violation of fair trial rights
  • Particularly challenging detention conditions due to asthmatic condition
  • Covid pandemic and no familial connections in Germany
  • The extradition detention in Greece from 16.05.2019 to 08.10.2019 was counted towards the custodial sentence on a 1:1 scale

Aggravating Factors

  • Commission of several core international crimes each fulfilling several individual elements of crime
  • Two victims
  • Violating individual rights as well as collective rights regarding Yazidi minority
  • Regarding death of child the defendant acted unconsciously reckless 

Evidence Used

  • Testimony of the plaintiff, who had been identified and located by the NGO Yazda
  • Testimony of Jennifer W.
  • Statements made by Jennifer W. in the presence of the undercover agent
  • Audio and video files found on Jennifer W.'s devices
  • Expert testimony
  • Testimony of a German female ISIS affiliate
  • Facebook chats
  • Chats with Jenniver W.
  • Forensic expert report
  • Forensic expert testimony

Sources


Indictment – Press Release

1st Instance Verdict – Full Judgment

2nd Instance Verdict – Full Judgment