Facts
Abdel J. S. allegedly joined ISIS in Iraq in June 2014. Between June and October 2014, he is said to have participated on two occasions in public punishment actions by ISIS in the locality of Al-Qaim. One occasion involved the execution of death sentences against at least six prisoners. The defendant allegedly took one of the prisoners to the execution site, supervised the proceedings, and gave the go-ahead for the execution by firing his pistol. Another occasion involved the public amputation of the hand of an alleged thief. In addition, in early fall 2014, Abdel J. S., along with other ISIS fighters, allegedly arrested a person in Al-Qaim and harmed him in custody with punches and kicks to extort information.
Procedure
On 11 October 2023, the police arrested Abdel J. S. in Wuppertal on the basis of an arrest warrant issued by the investigating judge of the Federal Court of Justice on 28 September 2023. The accused is suspected of membership in a foreign terrorist organization, and of participating in war crimes of killing, mutilation, torture and punishment without due process.
On the same day, the accused was brought before the investigating judge of the Federal Court of Justice who ordered his pre-trial detention.
On 26 April 2024, the Federal Public Prosecutor’s Office brought charges before the Higher Regional Court of Düsseldorf against him. He was accused of the war crimes of murder, mutilation, torture, and punishment without due process, and of membership in a foreign terrorist organization.
His trial took place between August and November 2024.
On 20 December 2024, the Higher Regional Court of Düsseldorf convicted Abdel J. S. of membership in a foreign terrorist organization and sentenced him to four years in prison. He was acquitted of the charges of war crimes on the basis of insufficient evidence.