Inside the Ahmad H. Trial #10: “Not Everyone Is A Rebel”
Hanseatic Higher Regional Court – Hamburg, Germany
Trial Monitoring Summary #10
Hearing Dates: August 27, 2024
CAUTION: Some testimony includes descriptions of torture.
Note that this summary is not a verbatim transcript of the trial; it is merely an unofficial summary of the proceedings.
Throughout this summary, [information located in brackets are notes from our trial monitor] and “information placed in quotes are statements made by the witness, judges or counsel.” The names and identifying information of witnesses have been redacted.
[Note: SJAC provides a summary of the proceedings while redacting certain details to protect witness privacy and to preserve the integrity of the trial.]
SJAC’s 10th trial monitoring report details day 16 of the trial of Ahmad H. in Hamburg, Germany.
Video and photo evidence were examined today, including 16 videos and around 50 screenshots. While the public was not able to watch the videos or see the photos (due to logistic reasons), Judge Sakuth read out audio tracks of the videos and the descriptions of the screenshots in court. From the audio and the subsequent reading out of the audio track, the videos appeared to involve people being verbally abused, beaten, shot, and burned alive. The name of the Accused was not mentioned.
Most of the screenshots were gathered from Facebook profiles depicting the Baraka checkpoint, the restaurant called "Baraka", as well as parts of walls which showed the NDF logo. The Court also inspected photos of the Syrian national flag and Bashar Al-Assad. The photos were taken in 2013, 2018, and 2022. Other screenshots showed Twitter posts about the Tadamon massacre.
Day 16 – August 27,2024
Today, the Court did not hear any witness. Instead, video and photo evidence were examined. Unfortunately, the hearing took place in another courtroom as usual. Due to the positioning of the screen on which the videos and screenshot evidence was displayed, the public was unable to watch the videos or see the photo material discussed [the material could have been displayed by means of a beamer but the Judges and Prosecution would have had to move seats, thus, it was decided to screen the material by means of a TV which was tilted away from the public]. However, the public could hear the video sound, and Judge Sakuth read out the audio track of each video.
[Note: The fact that the public was excluded from seeing the video and photo evidence was raised with the press officer, due to concern about the public nature of the trial. SJAC suggested that future evidence be made visible to the public gallery as well to maintain access by the public to what is shown in court. The press officer responded that this encouragement would be communicated to the Senate.]
In total, 16 videos were presented and approximately 50 photos, including screenshots of social media platforms, were shown. First, the videos were played and Judge Sakuth read out each of the video's audio tracks.
Video [redacted information] (4 minutes 54 seconds) : “There is no god apart from Allah”; “Up, up, with you...”; “Cover him...”;” Come on, come on...”; “Go, go”; “Faster”; “You, stand up”; “Stand up you pimp”; “Bring them [redacted name]”; “Carry them to the front”, “Get up”; “By God”; “Come on, up”; “Ahmed?”; “Oh Ahmed!” (female voice shouting); “I am with you”; “Oh no!” (female voice screaming); “Be careful!”; (female voice is crying); “Come on, up”; “Go”; “Is she...or not?”; (female voice screaming); “That one, between her legs”.
The Accused watched the first video in its entirety.
Video [redacted information] (8 minutes): (different male voices); “Be careful”; “Down with your head”; “You, get up!”; “Come closer”; “There is an edge”; “Well done”; “Get going”; “God damn you”; “1,2,3 run fast”; “Uncle”; “Light a cigarette for him”; “For the soul of every martyr”; “Animal”; “Stop”; “Take, take”; “Pimp”; “For the soul of every pure martyr”; “Punishment for anyone that..”; “A little bit more”; “Be careful, not that you fall into the pit”; “That one”; “Come closer”; “Leave us something”; “There are no more than 3 left..”; “It’s full”; “For you”; “There are 3 left”; “Pull the trigger”; “Hit him with another one on the chest”; “That is the punishment...every grain of sand that is stained with the blood of the martyr”; “The disbelieving Iraqi”; “The disbeliever”; (victim screams in pain); “Come to the front, closer”; “Down with your head, pimp”; “The last one”; “Oh [redacted name] we are ready”; “Let him suffer”; “He wants us to film the blood splatter”; “I will give him a third eye”; “Is it open?”; “The one eyed charlatan”.
Ahmad H. looked at his hands while the video was playing.
Video [redacted information] (1 min. 15 seconds): “Switch the light on”; “I will shine some light on it for you”; “Can one recognize them?”; “Guard”; “Come on, let’s go”; “On the head”; “That is enough, it’s enough.; “Car”.
Ahmed H. did not watch the video.
Video [redacted information] (6 minutes 43 seconds): “Where?”, “Here”; “Yes”; “Revenge for the soul of [redacted name]”: “Come on help him”, “No my lord, no, [redacted name]”, “As revenge for the soul of the martyr [redacted names]”; “Curse your sister, brother of the whore”; “[redacted name]”; “Are you done?”; “Don’t want to see this dog”; “Your legacy [redacted name]”: “What do you know [redacted name]?”; “To your command”; “Calmly, [redacted name]”; “Did you get Diesel?”; “These dogs”; “We pour this..”; “Get up”; “May God make it easy”; “For the soul of the fighter [redacted name]”.
Aside from the audio transcript, shots were audible. As the video progressed, the shots became more frequent.
Ahmad H. did not watch the video.
Video [redacted information] (4 minutes 3 seconds): “Did you start?”; “Here”; “Diesel”; “Send them to whom does not have mercy with them”; “Here”; “What?”; “How much did you pour?”; “Go and remove the car”; “Quick”; “To hell and to the bad end”.
Ahmad H. did not watch the video.
Video [redacted information] (51 seconds): “Film me with these dogs of the pimps”; “Here the mobile phone”; “Boss”; “Yes, by god”; “Come on [redacted name]”.
Video [redacted information] (1 minute and 30 seconds): “...the soul of the General [redacted name]”; “...death of 103 people of the Ker [little donkey] Army.”; “They were burned, 103 pigs.”; “Chief [redacted name]... [redacted name]”; “Who is [redacted name], the brother?”; “My brother” ; “Sacrifice as atonement for the soul of the martyr [redacted name]”.
Ahmad H. gave the video a short glance, then looked away again.
[5- minutes - break]
Video [redacted information] (1 minute): “Everyone”; “Why?”; “Large consisting of 75...” (male Person laughs).
Video [redacted information] (39 seconds): “1 meter length”; “In terms of length...”; “How tall is he?”; “1 or 2 meters”
Ahmad watched this video.
Video [redacted information] (51 seconds): “Hold on to one”; “The terrorist, what is his name?”; “[redacted name]”; “What is your name?”; “[redacted name]”; “Here in Damascus”; “Victory, victory”; “Assad’s Syria”; “Assad’s men”; “A cell of a bitch brothers”; “The most beautiful blonde”; “The blonde tiger”; “Are you with us or against us?”
Ahmad H. watched part of the video, then looked back down at his hands.
Video [redacted information] (1 minute 30 seconds): “...is not defused”; “This explosive device, if it had exploded...”; “I want to upload it on YouTube”; “...upload it for you”; “Yes?”; “Now?”; “Without description”; (the video shows a writing on the wall in the background that says “[redacted name]”), “...so that I do not film your face, so that you don’t get fucked”; “Takbir” “What is it my dear?”; “Are there more news?” (a person sitting on the ground tied up says) “No”; “A diffusion operation”, “Members of the Nusra Front”.
Video [redacted information] (1 minute and 6 seconds): “Lift your head”; “The Mufti, our Mufti”; “Put this dog for me right there”; “[redacted name]”; “Let’s wait”; “Boss, shall we get the car?”; “Go and get the car”.
Ahmed H. looked at the video at the start, then looked away, then kept watching again.
Video [redacted information] (39 seconds): (loud voices, screams); “Liar, you are lying!”; “By God” (victim); “Not everyone is a rebel!”; “You are lying”; “Put me out!” [with water]; “Revenge for the soul of the martyr [redacted name]”; “Revenge for the soul of the martyr Ali Ibrahim”; (victim screams); “Put me out!” (male voice is laughing).
The Accused watched for a few seconds, then looked away.
Video [redacted information] (4 minutes 26 seconds): “Get up with your face towards me”; “Come here, turn your face towards me”; (victim groans in pain); “Brother of the violated [woman]”; “Get up”; (victim cries in pain); (victim cries as a result of beatings); “Give me his blood”; “Get up you-”; “With the face towards me”; “What is your name?”; “[redacted name]”, “...Job?”; “Employee”; “Where?”; “With the Armed Forces”; “Come get up”; “Quick” (victim screams as a result of beatings); “What did you do with the Armed Forces?”; “...only bread and gas”; “I bring them bread”; “Sugar and tea”; “Just that”; “What do you bring them with the truck?”; “Ammunition”; “Anything possible..”; “How do you deliver it?”; “They put it in the trash”; “Do they put trash on top of it?”; “Where do you get it from?”; “Hammuria”; “At the checkpoint, what do they tell you?”; “Russian bullets?”; “Everything”; (victim screams as a result of beatings); “Come here!”; “Oh God!”; “What is the path like?”; “Done, there are going to be no more beatings”; “Tell me”; “What kind of ammunition is it?”; “Stand up!”(victim screams as a result of beatings); “[redacted name]”; “Yes?”; “Let me take him with me”; “Beat him so he feels his wounds”; “Get up and remain standing up, that is better for you”, “How much did the insurgents give you?” ; ”200 Lira?”; “Do you know what they did with it [the ammunition]?”; (victim screams); “You provide your children with illicit funds, do you know that?”
From the audio tracks it appeared that the videos involved people being verbally abused, beaten, shot, and burned alive. The name of the Accused was not mentioned in any of the videos.
After the video examination, the Judge announced that a selection of photos would be inspected next. Some photos from the file were skipped quickly, where the Court viewed others in detail. The Judge read out the translated caption for the photos in question. These were the following:
Fig. 20: Checkpoint of the Syrian Regime. Stacked sandbags.
Fig. 29: Facebook profile, checkpoint Baraka, around 2018, restaurant Baraka, NDF logo
Fig. 30: Facebook profile, checkpoint Baraka, Syrian national flag, around 2018, “Az-Zubair الزبير” mosque
Fig. 31: Close-up memorial of NDF, Facebook post from January 7, 2023
Fig. 38: Screenshot district of Tadamon, YouTube
Fig. 39: Screenshot from video file, checkpoint Baraka, around 2013
Fig. 40: Screenshot of video, ride in Tadamon district, mail depot
Fig. 41: Screenshot of video, Bashar Al-Assad poster is visible, around 2022
Fig. 42: Screenshot of video, checkpoint Baraka, around 2022 from YouTube video
Fig. 43: Screenshot of video, checkpoint decorated with Bashar Al-Assad poster and national flag, around 2013, restaurant Baraka
Fig. 44: Screenshot of video, restaurant Baraka
Fig. 45: Screenshot of video, restaurant Baraka, Bashar Al-Assad Poster, NDF logo, around 2013
Fig. 18: Potentially NDF members, “[redacted name]”
Fig. 53: [Redacted name], Syria TV, around 2022
The Judge then read out the title description of additional photos that were shown in court. One photo exhibited the white mobile phone of the Accused (exhibit a). Another photo showed a Twitter post which read “[redacted name] (lawyer) has published the names of the Accused (who were part of the massacre).” Another photo title read, “Foreign Minister comments on the massacre in Al-Tadamon.”
The Court also viewed and read the title of the following photos:
Fig. 39: “The hangmen of At-Tadamon”
Fig. 43: “I am an Arab, victim of the At-Tadamon massacre”
Fig. 49: “The grave of the victims of the At-Tadamon massacre”
Fig. 52: “The members of the Shabiha justify the massacre in At-Tadamon”
Fig. 62: “The massacre in At-Tadamon”
Fig. 63: “The massacre of At-Tadamon is one of a dozen massacres committed by the regime. The victims have not been forgotten.”
Fig. 71: “Without a doubt who the murder is...”
Fig. 81: “The Guardian, the perpetrator of Tadamon still working in the barracks of Damascus”
Fig. 86: “The massacre of At-Tadamon”
Title of exhibit b) read, “Profile picture of the account of Ahmad H. TikTok video uploaded”. The title of exhibit c) read, “Picture of [redacted name] used as profile picture.”
More pictures followed and the Judge read out the titles:
- “[redacted name] fallen as martyr (2015)”
- “Obituary for [redacted names]”
- “[redacted names] depicted in the photo”
- “[redacted names] and others depicted in the photo”
- “Praise to Amjad Y.”
- “The first unit in At-Tadamon. The heroes, the martyr, the tigers”
During the inspection, the interpreter spoke up on behalf of Ahmad H. and told the Judge that the Accused needed a break because his heart was hurting. The Judge thus interrupted the session and issued a lunch break.
[60- minutes - break]
After the break, Defense Counsel Schaper asked the Judge to interrupt today's session as the Accused was having problems breathing which was also visible to the public. Defense Counsel Moschref had already left early as he was not feeling well either. The Judge then spoke to Ahmad H. directly. He wanted to know whether the Accused had asked to be taken to the doctors during the break. Ahmad H. responded that he did ask but it was ignored. Ahmad H. also said that his left lung was hurting and that he had problems twisting his neck which was why he had to wear a neck scarf. He was wearing a thick light blue scarf holding his neck straight. The Judge then asked the Accused whether he [the Judge] should call the outpatient clinic and ask them to do a health check on the Accused. Ahmad H. confirmed and said he would be very grateful if the Judge would make the appointment for him. The Judge confirmed and added, “And I will be very interested in the results of these health tests.”
Upon leaving the courtroom, the interpreter told Defense Counsel Schaper that he thought Ahmad H. just experienced a panic attack.
The proceedings were adjourned at 1:15 PM.
The next trial day will be on September 3, 2024, at 9:00 AM.
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