Facts
Moustafa M. allegedly joined ISIS in Syria as a member in May 2015. Among other activities, he is said to have performed guard duties for the organization and participated in the arrest of civilians.
At the end of May 2015, the accused, together with other ISIS members, allegedly held two people for hours in order to force them or their family members, who held executive positions in a mining company, to register or cooperate with the organization. In this process, the group threatened to kill the victims.
In early June 2015, Moustafa M. reportedly participated in the execution of two Free Syrian Army (FSA) fighters after ISIS had imposed death sentences on them. He allegedly transported the two prisoners to the execution site and guarded them there until they were shot. He also reportedly assigned seats to those present, whom ISIS had gathered as an audience. A few days later, Moustafa M. allegedly brought two more FSA fighters captured by ISIS to their execution. One of the victims was killed on the spot by gunshots to the head. The other prisoner was reportedly tied to the back of a vehicle with a rope and dragged through the city at speeds of 40 km per hour or more. The victim died.
According to the indictment, Moustafa M. also opened fire at an unarmed person at an ISIS roadblock. The victim managed to escape after being shot several times by the accused. Moustafa M. is also accused of occupying a house ISIS members took by expelling the owner.
Procedure
On 21 March 2023, officers of the Rhineland-Palatinate State Criminal Police, acting on an arrest warrant issued by the investigating judge of the Federal Court of Justice on 13 March 2023, arrested Moustafa M. in Mainz.
On the same day, Moustafa M. was brought before the investigating judge of the Federal Court of Justice, who ordered that he be placed in custody.
On 4 January 2024, the prosecution filed an indictment against him before the Higher Regional Court of Koblenz. Moustafa M. is accused of membership in a foreign terrorist organization, war crimes against persons and property, and murder.
The trial against Moustafa M. began on 8 April 2024.
On 9 March 2026, the Higher Regional Court of Koblenz acquitted Moustafa M. of all charges due to insufficient evidence.