Inside the Ahmad H. Trial #16: Unresolved Discrepancies
TRIAL OF AHMAD H.
Hanseatic Higher Regional Court – Hamburg, Germany
Trial Monitoring Summary #16
Hearing Date: October 16, 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 16th trial monitoring report covers day 26 of the trial against Ahmad H. in Hamburg, Germany. On this trial day, Ahmad H.'s dispute over wearing his collar was resolved by Judge Sakuth, who permitted it for future sessions. Two BKA officers testified, with the first officer addressing discrepancies in P4’s statements, particularly regarding the identification of the Accused, however, it remained unresolved. The second officer discussed inconsistencies in P22's testimony, yet again, the details in question remained in conflict. Moreover, Judge Sakuth denied the Defense’s motion to invite experts on the assessment of the witnesses’ safety in Syria if their identity would be revealed in court. The session concluded with the Judge revealing details about Ahmad H.'s family reunification application, which deeply affected the Accused.
Day 26 – October 16, 2024
On this trial day, the two BKA officers testified. After Judge Sakuth opened the session, Ahmad H. addressed the Judge and told him that he was denied permission again to take his collar to Court, even though Judge Sakuth had previously allowed it. The Judge got visibly angry and told the court officer to clarify the situation. While the officer made a phone call, Defense Counsel Schaper announced that he will be filing a motion regarding the translation and interpretation of the wording used by the Accused in a Facebook chat, which said "I will fuck your mother." The Counsel insisted that the words be interpreted as an “insult” not as an “actual threat.” After the officer informed the Judge that the collar will not be provided, the Judge became angry again and announced that he will call the deputy prison management himself. The hearing was interrupted briefly.
[30 - minutes - break]
When Judge Sakuth returned, he shared that the issue was settled for today - as well as for the future - and that the Accused is permitted to wear his collar throughout the remaining court sessions. Another break followed as the guard had to take H. into the detention facility to get the collar.
[30 - minutes - break]
When H. returned to the courtroom, the questioning of the first BKA officer commenced, Killian Kesel (P24). The Presiding Judge asked Kessel about his police interview with P4. The Judge explained that the issue during the questioning of P4 in court was that he testified having been arrested 3 times: one time for two days, one time for 24 days, and another time for 5 months. The BKA officer recalled that P4 did not mention the third arrest, during which P4 had allegedly been held for 5 months. Causing irritation among the Judges, the issue remained unsolved.
The Presiding Judge further informed the BKA officer that P4 and his wife (P17) had identified Ahmad H. as two different Abu Haiders during their testimonies. The Judges explained to the officer that P17 identified the Accused as "Abu Haider Mario," whereas P4 identified Ahmad H. as "Abu Haider Trucks." The BKA officer confirmed that P4 also identified Ahmad H. as “Abu Haider Trucks” during the police interview. He could not provide more clarity on the discrepancy of P17’s testimony.
Before the lunch break, the Presiding Judge read out a decision denying the Defense's motion to invite an expert of the Max Planck Institute for Ethnological Research as well as the Syrian Ambassador to provide testimony about the safety of witnesses in Syria if their names were to be revealed in court. The Senate’s denial was based on witness protection in this trial and the fact that promises of safety for the witnesses and their families from potential retaliation in Syria could not be made.
[60 - minutes - break]
After the break, the second BKA officer, Matthias Frederick Göttelmann (P25), testified about a police interview he conducted with two different witnesses, P16 and P22. In court, P16 testified that Ahmad H. had helped him on two occasions. According to the BKA officer, P16 did not mention this during the police interview. Moreover, when testifying in court, P22, denied or could not remember statements he had made about Ahmad H. during his police interview. These statements involved the fact that Ahmad H. was "saluted" by people at the checkpoints and that he had an important rank in the NDF. The police officer confirmed that P22 provided these statements during the police interview. Defense Counsel Schaper questioned the quality of the interpreters during the police interviews because they were Moroccan and Syrian. The BKA officer explained that no problems arose with understanding or during retranslation. The Prosecution did not raise any questions.
Before the witness was dismissed, Judge Sakuth asked the officer about H.'s family members. Kesel remembered that, as part of the investigation, the BKA found out that [redacted name] (wife of the Accused) applied for family reunification, which involved [redacted information] children. [Redacted information] of those children were from the marriage to [redacted name] and [redacted information] from H.'s previous marriage. When the names of the children were read out by the Presiding Judge, Ahmad H. cried out: "My children!", his eyes watered and he smiled.
The proceedings were adjourned at 2:00 PM.
The next trial day will be on October 30, 2024, at 9:00 AM.
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