Inside the Ahmad H. Trial #22: Ten-Year Sentence for Crimes Against Humanity and War Crimes
TRIAL OF AHMAD H.
Hanseatic Higher Regional Court – Hamburg, Germany
Trial Monitoring Summary #22
Hearing Date: December 18, 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 22nd trial monitoring report covers day 36 and the last day of the Ahmad H. trial in Hamburg, Germany. Although the media presence was largely absent throughout the trial, several representatives were in attendance as the verdict was delivered. Ahmad H. was found guilty of numerous offences under international and German criminal law, including crimes against humanity (torture, enslavement, and unlawful deprivation of liberty under Sect. 7(1) of the German Code of Crimes against International Law), war crimes (Sect. 8(1) of the German Code of Crimes against International Law), and multiple counts of aggravated robbery and extortion with use of force or threat of force (Sect. 255 and Sect. 250 of the German Criminal Code). He was sentenced to ten years of imprisonment (Sect. 54 of the German Criminal Code).
The Court situated the crimes within the broader context of the Syrian civil war, outlining Ahmad H.’s role within the National Defense Forces (NDF), where he carried out arrests, oversaw forced labor, and acted as treasurer. His testimony was found to lack credibility and was contradicted by consistent and corroborated witness testimonies. While the Court acknowledged certain mitigating factors, such as the time passed since the crimes had been committed and the Accused’s health condition, the final sentence reflected several aggravating elements, including his lack of remorse and attempts to obstruct justice. In his closing remarks, Judge Sakuth rejected Ahmad H.’s portrayal of himself as a victim.
Day 36 – December 18, 2024
On the final day of the trial of Ahmad H. before the Higher Regional Court of Hamburg, press representatives from multiple outlets, including Norddeutscher Rundfunk (NDR) and taz, were present. As the session began, press photographers were permitted to take pictures; as in prior sessions, the Accused shielded his face using a large blue sheet of paper. The Presiding Judge then commenced the reading of the judgment.
Ahmad H. was found guilty of multiple serious offences under international and domestic criminal law. He was convicted of crimes against humanity in the form of torture, pursuant to Sect. 7 (1) (5) of the German Code of Crimes against International Law, in concurrence with two counts of war crimes by torture, pursuant to Sect. 8 (1) (3) of the German Code of Crimes against International Law. One of these crimes was further committed in conjunction with a crime against humanity by unlawful deprivation of liberty under Sect. 7 (1) (9) of the German Code of Crimes against International Law, while the other war crimes count, causing dangerous bodily harm, satisfied Sect. 224 (1) of the German Criminal Code.
Moreover, Ahmad H. was found guilty of crimes against humanity by enslavement under Sect. 7 (1) (3) of the German Code of Crimes against International Law, and unlawful deprivation of liberty on four separate counts, including one instance comprising ten distinct criminal acts and another comprising thirty such acts. He was also convicted of crimes against humanity by unlawful deprivation of liberty in twenty consecutive cases, nineteen of which occurred in conjunction with acts of enslavement, pursuant to Sect. 7 (1) (3) and (9) of the German Code of Crimes against International Law.
In addition to these violations of international criminal law, the Accused was convicted of three counts of aggravated robbery under Sect. 255 of the German Criminal Code, and four counts of extortion with use of force or threat of force, as defined by Sect. 255 and Sect. 250 (1) and (2) of the German Criminal Code.
Because of these convictions, the Higher Regional Court imposed a total sentence of ten years of imprisonment, pursuant to Sect. 54 (1) and (2) of the German Criminal Code (cumulative sentence in the case of multiple offences). Furthermore, the Accused was ordered to bear the costs of the proceedings, in accordance with Sect. 465 (1) of the German Code of Criminal Procedure.
Following the reading of the ruling, the Court elaborated on the historical and political context in which the offences were committed. This included the eruption of the Arab Spring, the escalation into civil war in Syria, and the systematic persecution and oppression of the civilian population. In particular, the Court described the humanitarian conditions in the Tadamon district during the period 2012–2015, including the destruction of infrastructure, widespread shortages of food and water, and the operation of checkpoints and detention facilities, such as one located in a former kindergarten, by the NDF and intelligence services. The Court named several prominent NDF figures associated with this context, including Amjad Y. أمجد ي, [redacted names], and Abu Haider Mario أبو حيدر ماريو [note: Kamel Mohammad Sharif Abbas كامل محمد شريف عباس, aka Abu Haider Mario, was arrested in April 2025 by the contemporary Syrian government]. The Tadamon massacre of 2013 was referenced, although the Court noted that there was insufficient evidence to link Ahmad H. directly to those events.
The Court established beyond reasonable doubt that Ahmad H. joined the NDF in 2012 or 2013. Biographical information presented included that the Accused is of Sunni background, had been married four times, and received the alias “Abu Haider” after his son. He was also referred to as “Abu Haider Trucks” due to his previous occupation as a construction vehicle operator. Though initially detained by the NDF, he was released upon payment of ransom and subsequently joined the group at the urging of his brother-in-law. The Court noted that Ahmad H. fled Syria in 2015. As a result of the present proceedings, his refugee status in Germany has been revoked.
The Court found that Ahmad H. primarily operated at the Baraka and Kastana checkpoints, where he was responsible for the arrest and forced conscription of civilians for labor at the front lines. He also served as treasurer under the command of [redacted name].
With regard to the Accused's defense that he was falsely incriminated, the Court found no credible indication that the witnesses were colluding or giving coordinated false testimony. On the contrary, many identified Ahmad H. as a feared and prominent NDF operative, referring to him by his alias and recognizing him in photographic evidence. Notably, one witness reported attempts by Ahmad H. to intimidate or physically attack their family members — conduct that further undermined the credibility of his defense. The Court therefore deemed the Accused’s own testimony to be lacking truthfulness and rejected it.
The Court then reviewed the individual criminal offences in detail, which had also been addressed in the Prosecution’s final pleadings [for the details of the Prosecutor’s closing arguments, see Trial Report #21]. However, the Court clarified that the act of bodily harm committed against witness P4 had become time-barred, and that the extortion committed against witness P16 did not fall under international criminal law but was instead ruled upon under domestic German criminal provisions [see above: according to Sect. 255 of the German Criminal Code]. The same applied to extortion committed in a pharmacy and in the “Shanghai Shop.”
The Presiding Judge proceeded to list the sentences attributed to each individual offence. The lowest individual sentence, 1 year and 3 months, was imposed for a count of aggravated extortion with limited material gain. The most severe individual sentence, 8 years, was issued for acts of torture and unlawful deprivation of liberty as crimes against humanity. The cumulative sentence of ten years resulted from additional aggravating factors, including Ahmad H.s’ attempt to bribe an interpreter, his effort to smuggle a letter from detention, and his simulation of a mental illness. Furthermore, the Court emphasized the failure of the Accused to contribute to the truth-finding process, noting that his testimony did not even constitute a partial confession.
In terms of mitigating circumstances, the Court acknowledged that the offences were committed over a decade ago, that Ahmad H. did not hold a leadership position within the NDF, and that his prolonged solitary confinement and ongoing cancer treatment warranted some degree of leniency.
Finally, Judge Sakuth addressed the Accused directly, remarking that the Court had not observed any genuine introspection or acknowledgment of wrongdoing on his part. In response to an earlier statement made by the Accused during the initial phase of the proceedings [Note: On trial day 25, he claimed that “a dog would be treated better" than him, see Trial Report #15], the Presiding Judge urged Ahmad H. to engage in genuine self-reflection regarding his actions. The Judge firmly rejected the Accused's portrayal of himself as a victim of mistreatment in Germany and added pointedly that, “also animals have rights in Germany.” The Accused was reminded of the suffering he had inflicted upon numerous individuals under his command.
The Presiding Judge concluded the session by noting that an appeal may be filed within one week.
The hearing, and with it the trial, concluded at 10:25 AM.
[Note: According to the Court's press office, the judgment was appealed, it will therefore be reviewed by the Federal Court of Justice.]
___________________________
For more information or to provide feedback, please contact SJAC at [email protected] and follow us on Facebook and Twitter. Subscribe to SJAC’s newsletter for updates on our work