Inside the Ahmad H. Trial #18: Trial Suspended Over Mental Health Concerns
TRIAL OF AHMAD H.
Hanseatic Higher Regional Court – Hamburg, Germany
Trial Monitoring Summary #18
Hearing Dates: November 12 & 13, 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 18th trial monitoring report covers days 28 and 29 of the trial against Ahmad H. in Hamburg, Germany. On the first day, the hearing was interrupted due to the Accused’s erratic behavior and psychological instability, prompting the Defense Counsel to request a psychiatric evaluation. The Court also discussed an additional allegation, namely that Ahmad H. attempted to bribe a court interpreter into aiding his escape from detention. Citing a history of involuntary substance use during his time with the National Defense Forces, the Defense argued that Ahmad H.'s mental condition impaired his ability to participate in the proceedings. Following reports from a court-appointed psychiatrist as well as detention staff confirming concerning behavior, the Judge ordered a full psychological assessment.
On the second day, Judge Sakuth formally declared Ahmad H. temporarily unfit to stand trial, adjourning the proceedings until November 26, 2024 pending further evaluation of his mental and physical condition.
Day 28 – November 12, 2024
Today’s court session commenced under unusual circumstances as the Accused, Ahmad H., entered the courtroom exhibiting visibly abnormal behavior. He walked bent over, displayed an incongruous smile, and maintained a blank stare. Upon sitting, he alternated between silent laughter and what appeared to be silent weeping. Although the Presiding Judge observed the Accused, he did not comment at this point.
Before the Defense could proceed with its planned motion, the Judge made a procedural announcement: The interpreter had informed the bench that Ahmad H. had approached him on October 15, 2024, offering $100,000 in exchange for assistance in escaping the detention facility. The interpreter, after several days of deliberation during ongoing hearings, decided to report the incident to the Presiding Judge. The Defense did not react. The matter was not addressed further by the parties to the proceedings present.
Ahmad H. then made unsolicited remarks regarding his son, alleging that detention officers had told him the child would be present in court. He described receiving nighttime “visits” from various individuals, including a tall man who allegedly offered him a pill. Ahmad H.’s remarks were fragmented and lacked coherence. The Judge did not respond substantively, ignored Ahmad H.’s behavior and directed the Defense to proceed.
Throughout the proceedings, the Accused continued to display erratic behavior, including arbitrary smiling, blank staring, and intermittent laughter. In several moments he appeared emotionally distressed. At one point, he turned toward the public gallery and exclaimed: “My son is here!” However, no such presence was confirmed.
Counsel Schaper submitted a formal motion requesting a psychological assessment of the Accused. The motion asserted that during Ahmad H.'s involvement with the National Defense Forces (NDF), he had been compelled to regularly consume captagon, tramadol, alcohol, and hashish. Counsel Schaper argued that prolonged exposure to these substances resulted in severe impairment of the Accused’s cognitive and behavioral functioning, thus affecting his current mental state.
Subsequently, Counsel Moschref read a written testimony from Ahmad H., in which he claimed he was forced to join the NDF or else his family would be harmed. He further alleged that the NDF committed grave crimes, including the killing of civilians, and added that he was trapped in the organization under threat of death should he attempt to leave Syria. The testimony described a pattern of severe substance dependency and detailed a stroke following continued drug use after fleeing to Turkey. Ahmad H. claimed to have undergone inpatient treatment and to have ceased the substance use.
When asked by the Court whether he wished to respond to the charges, the Accused declined, saying: “No, I cannot take this anymore. I want to go home and sleep. I buried my own parents.” The Defense expressed surprise and requested a recess to consult with their client.
[60 - minutes - break]
Following the break, the Judge informed everyone in the courtroom that the Defense Counsel had been unable to communicate with Ahmad H. due to his distressed state.
The session was interrupted again by a phone call from the court-appointed psychiatrist.
[5 - minutes - break]
The Judge explained that the psychiatrist reported having evaluated the Accused the previous day and found his psychological condition highly concerning. When questioned by the Judge, detention staff confirmed that this morning the Accused was found sitting beneath a table, speaking to himself.
The Judge concluded the session, ordering a full psychological evaluation to be conducted the following morning at 8:30 AM.
The proceedings were adjourned at 11:10 AM.
The next trial day will be on November 13, 2024, at 10:00 AM.
Day 29 – November 13, 2024
Today’s hearing lasted approximately five minutes. Presiding Judge Sakuth declared the Accused, Ahmad H., currently unfit to stand trial due to his mental condition. Consequently, the proceedings were adjourned and will be resumed on November 26, 2024. The Prosecution inquired whether the Court intended to call upon an expert to assess the mental and physical condition of the Accused. In response, Judge Sakuth indicated that a formal decision will be issued on the matter in due course.
During the brief hearing, Ahmad H. exhibited signs of significant psychological disturbance, making references to "small people crawling up the walls," while noting he was not afraid of them. He also repeatedly inquired whether someone would bring him his son. His demeanor was notably detached; when the courtroom guard attempted to escort him out, H. appeared so disoriented that the guard had to prompt him directly, drawing his attention by saying, “Mr. H., I am here.” Following Ahmad H.’s exit from the courtroom, the public was formally dismissed.
[Note: Given the severity and nature of H.’s current condition, the Court may order regular psychiatric assessments prior to making any final determination regarding his fitness to stand trial. For more information on fitness to stand trial in international law, please see Frail Accused and Fitness to Stand Trial].
The proceedings were adjourned at 10:10 AM.
The next trial day will be on November 26, 2024, at 9:00 AM.
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