Inside the Alaa M. Trial #104: Settling on the Final Charges
TRIAL OF ALAA M.
Higher Regional Court – Frankfurt, Germany
Trial Monitoring Summary #104
Hearing Date: May 15, 2025
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 continues to provide a summary of the proceedings while redacting certain details to protect witness privacy and to preserve the integrity of the trial.]
SJAC’s 104th trial monitoring report details day 183 of the trial of Alaa M. in Frankfurt, Germany. The session began with a clarification from Mr. Farrag regarding [redacted name]’s book “[redacted information],” which was discussed during the last session. He explained that the work, a mix of fiction and memoir, includes imagined stories about a child’s grandfather imprisoned during the uprising and real experiences from military hospitals, including accounts of torture and death. The story, set partially in Homs and based on the author’s time in field hospitals, includes descriptions of detainees, acts of abuse, and medical staff complicity.
The main part of the session examined a screening interview conducted by the Commission for International Justice and Accountability (CIJA) with a former doctor, whose name was being anonymized, yet the details strongly suggested it was [redacted name]. The interviewee described the structure of the 608 Military Hospital in Homs and recounted numerous instances of abuse, including torture by hospital staff and denial of care to detainees. He also gave an account of the disappearance of his pregnant wife and family members after a so-called reconciliation with the regime.
Later, the Court reviewed documents showing that Alaa M. had formally renounced his Syrian medical license. The session concluded with a reading of legal notices by the Prosecutor: while several cases were fully or partially terminated, key charges, particularly related to torture and killing, were upheld. The Presiding Judge highlighted the importance of Case 16 [note: Case 16 refers to Plaintiff P1 who is to be regarded as a victim of the regime. His mistreatment was likely based on his religious affiliation as a Sunni or his origin from Ar-Rastan. Case 16 constituted torture as a crime against humanity. Based on P1’s testimony regarding the prison riot during Ramadan in 2012, the incident could be reasonably dated to between August and September 2012, implicating the Accused.]. The Judge thus noted that evidence suggested that the Accused carried out torture in the hospital.
Day 183 – May 15, 2025
In today’s session, Mr. Farrag once again appeared both as a witness and a linguistic expert. At the beginning, the Presiding Judge referred to an email that Mr. Farrag had sent following the previous session on April 29, concerning certain passages from the book that had been discussed, “[redacted information]” [note: for the details of this session, see Trial Report #103]. In his message, Mr. Farrag clarified that in the dedication, the author refers to his father, who – within the context of [redacted name] imagination – was imprisoned and later released through a prisoner exchange. In the book, the grandfather tells his grandson stories from home. According to Mr. Farrag, it is important to note that in the story, the child’s father had already died, even though this wasn’t the case in real life.
For this reason, Mr. Farrag considered the first part of the book to be a novel and the second part to be the author's actual memoirs – based on his experiences during his time in the hospital, in the field hospital, and during his flight. Among other things, the author describes witnessing acts of torture in the hospital, specifically in Homs Military Hospital, as well as the resulting injuries of others, the dying in the field hospital, and finally the flight. At the end, he makes an appeal to “our neighbors in the Valley of the Christians.”
After discussing the note provided by Mr. Farrag, the session continued with the main topic, a screening interview report with an anonymized person, conducted by CIJA with the file number [redacted information], which had been translated by Mr. Farrag.
According to the transcript, before the witness provided any information, he was questioned on several points. Upon inquiry, he confirmed that he had voluntarily appeared for the interview, had been informed that his identity would be kept confidential, and had given his consent to cooperate. The answer to the question about how the witness felt about the possibility of finding himself in a situation where he might provide potentially important information was redacted.
These questions were followed by personal details and statements from the witness. He had completed his studies in [redacted information] in [redacted location] in [redacted time]. He then began his specialist medical training in [redacted information] at the 608 Military Hospital. However, he broke off this training because the residents of his hometown of [redacted location] urgently needed a doctor after the massacre and the bombing.
The witness then provided detailed information about the various perpetrator and victim structures, responsible individuals, as well as times and locations, beginning with the hospital and its organization. The hospital was located in Homs, in the al-Waer district near the military academy. He then described the various departments. On the second floor were the laboratory, the emergency room, radiology, and orthopedics. Neurosurgery was located on the third floor, while the pediatric department and thoracic surgery occupied the fourth floor.
The witness further gave the names of the heads of the various departments and their religious affiliations. The Head of the Morgue was [redacted name], the general surgery department was headed by a Christian, and the intensive care unit by [redacted name], a Sunni. The hospital included a military department headed by [redacted name], an Alawite. In this context, the witness mentioned that it was said that a “terrorist” was captured and subsequently tortured by the cleaners of a cleaning company called [redacted information].
Also, the witness recalled an incident during Ramadan 2011, when an injured person was brought in from the al-Khalidiyyah الخالدية district of Homs and the witness was asked to assist during the surgery.
The injured man was between 35-40 and had a ruptured spleen and several intestinal injuries. The witness had not seen what had happened to the injured prisoner before and recalled that his name had not been documented; instead, he had only been given a number. Once, the witness heard cries for help from a prisoner while a policeman named [redacted name] was beating the injured man and shouting at him. Together with his colleague, with whom he had previously assisted in the surgery, the witness intervened. When the Hospital Director [redacted name] heard about the incident, he called a meeting with all the doctors in specialist medical training. He strongly emphasized that the country was facing a conspiracy and that the security forces, the police and the army were most capable of dealing with saboteurs. Doctors were forbidden to interfere. The witness also reported that the Head of the Resident Doctors was Captain [redacted name], a doctor and an Alawi.
Further incidents were reported by the witness during the interview. He mentioned an incident during the events of Ar-Rastan in which an injured person from the al-Khalidiyyah district was brought in and the nursing staff refused to give him a blood transfusion because of his origin. Subsequently, the witness also described the incidents related to the Accused.
The witness recalled that the injured prisoners in the security department were in extremely poor condition, suffering from widespread infections and an overwhelming stench. One of them had a large, festering wound between the penis and rectum, and his genitals had been mutilated. The witness was only permitted to provide treatment on the orders of the head of the surgery department. He later learned through [redacted name] Facebook page that Alaa M. was in Germany. According to the witness, there were three civilian doctors working in the surgery department at the time, all of them were Sunni.
The witness then gave details about the weekly meetings. He recalled that they were told they lived in neighborhoods that were close to those of the “terrorists.” Doctors, military personnel, and other staff gathered, and political issues were discussed during the events of the uprising — although, as the witness emphasized, the meetings were supposed to focus on scientific topics and the practical challenges of hospital work.
After the incident involving the policeman named [redacted name], the witness approached the shift manager and reported it. The manager said he would pass the matter on to the hospital director. The witness also mentioned having heard from Christian and Sunni doctors who expressed sympathy with the detainees. Some of them, after witnessing acts of torture, left their positions as a result.
Because of a picture he had posted on Facebook, the witness was summoned by [redacted name], who told him: "My son, you posted a picture on Facebook that harms you. Israel and the USA brought Bashar al-Assad to power. Don't do that anymore." The witness also reported that injured prisoners were beaten with catheters. However, none of the doctors dared to condemn these actions due to security concerns.
The witness further told in the interview that on [redacted time ], his parents, his pregnant wife, his brother and his brother-in-law’s wife had disappeared as part of the “reconciliation pact” with the regime “اتفاق المصالحة”. The witness had heard that the National Defense Forces had detained them. When he asked, he was told: "We consider everyone from [redacted location] as terrorists. Also women and even the unborn child." The witness assumed that his pregnant wife was probably also killed.
Defense Counsel Endres interrupted with a question to Mr. Farrag about why some passages had been placed in quotation marks and whether they had been added during the translation or if they were already marked that way in the original. Mr. Farrag replied that the quotation marks had already been included before his translation.
The reading of the interview transcript was followed by a note from the Federal Criminal Police Office (BKA) on a scientific analysis by the political scientist Strell [name unclear], dated April 23, 2021, to provide certain findings on [redacted name]. Even though the note was not further elaborated, linguistic expert and witness Mr. Farrag indicated that the file suggested the anonymized CIJA informant was probably [redacted name].
***
[20-minute break]
After the break, the Presiding Judge asked why the Accused wished to surrender his license to practice medicine. Alaa M. explained that his reputation had been destroyed, which is why he had asked Defense Counsel Al-Agi to draft a letter to the Syrian Embassy, requesting that it be forwarded to the Syrian Ministry of Health. Defense Counsel Endres pointed out that the license to practice in Germany had already been surrendered in 2020.
This was followed by the documentary reading of the Accused’s letter to the Hessian State Health Office, dated March 14, 2025, in which Alaa M. formally renounced his license to practice medicine also in Syria with immediate effect. The first paragraph of the statement referred to the arrest warrant issued by the Federal Court of Justice on June 19, 2020 [note: In 2020, Alaa M. surrendered the German license followed by the Syrian license in 2025].
Subsequently, copies of Arabic documents regarding the Accused's license to practice medicine in Syria were shown on the screen and translated by Mr. Farrag. According to the documents, the Accused had received his license to practice medicine as a specialist on May 11, 2015, and had been registered in the Syrian medical register since October 27, 2009, under the number [redacted information]. The document was signed by the Syrian Minister of Health at the time, Wahba Yaziji وهبة يازجي, and contained the following wording:
In accordance with Decree No. 12 of January 7, 1970 and its amendments, the doctor Alaa M. son of Shukry, specialist in orthopedic surgery, born [redacted information], is registered in the list of doctors under the number [redacted information].
In his letter to the Syrian Ministry of Health dated April 3, 2025, the Accused wrote:
I, Alaa M., hereby submit the following request. On May 11, 2015, I received my license to practice medicine in the Syrian Arab Republic by the Ministry of Health. I now wish to submit a request to the issuing authority to annul this license for personal reasons, as I do not intend to continue practicing medicine in the future. Therefore, I ask you, as a representative of the Syrian Arab Republic, to accept this request and forward it together with the original document. Furthermore, I respectfully ask you to confirm the receipt of this request to the Ministry of Health regarding the license to practice medicine, as I wish to forward this confirmation to the responsible authorities in Germany.
Respectfully,
Alaa M.
Following the Accused’s request, a letter from the Syrian Ministry of Health was read out and translated, having been forwarded via the Syrian Ministry of Foreign Affairs. The letter served as a notification for the Accused, with attachments, regarding the return of the original license documents to the Syrian Ministry of Health. The document contained a stamp of the Syrian embassy in Berlin and the signature of the person responsible for the administration of the embassy. Attached to the letter were two documents as well as a certificate. Subsequently, the confirmation of the Hessian State Health Office submitted by Defense Counsel Al-Agi was read out.
***
[10-minute break]
***
In the last part of the session, the Presiding Judge read out legal notices regarding the limitation of prosecution and the partial termination of charges:
- Cases 4, 6, 7, 10, 14 and 15 were dismissed in accordance with Sect. 154 (a) (1)(1), second alternative of the German Code of Criminal Procedure (GCCP), limiting prosecution to selected core charges under the German Code of Crimes Against International Law (CCAIL), charges pertaining to the witness [redacted name], P54, could not be categorized without further investigation
- Several Cases were partially terminated according to Sect. 154 (1) GCCP
a. Case 16, excluding witness [redacted name], P1
b. Cases 1, 2, 11, and 17: The Prosecutor acknowledged that the Senate intended to exclude the accusation of possible crimes against humanity by deprivation of liberty and aiding and abetting in cases 12-16 because other charges are considered more significant
c. Case 12: Crimes against humanity by killing
d. Cases 16 and 17: War crimes against persons by torture, while excluding other criminal offenses
The Presiding Judge then read out the remaining cases and charges:
- Case 1: Crimes against humanity by torture and the deprivation of the ability to reproduce
- Case 2: Deprivation of the ability to reproduce
- Case 5: Crimes against humanity [act unclear]
- Case 8: Crimes against humanity by torture
- Case 11: Crimes against humanity by torture
- Case 12: Crimes against humanity by killing and torture
- Cases 16 and 17: Crimes against humanity by torture and war crimes by torture
- Case 18: Crimes against humanity by killing, war crimes against persons by killing, and murder through the same act
The Presiding Judge pointed out to the Accused that the other cases had been dismissed as particularly the events and evidence in Case 16 were of crucial importance. Judge Koller cited the clothing described as a uniform, the fact that Alaa M. had referred to opponents of the regime as “cockroaches,” and the finding that the Accused had tortured not only in the hospital but also in other locations.
The Presiding Judge went on to say that in the first case, the victim may have been younger than 14 or 15 years old. In the second case, it was possible that the crime was committed in the second half of 2011. He then proceeded to address the following deviations and clarifications:
With regard to the case of the [redacted name] brothers, P8 and his deceased brother, the Presiding Judge recognized that the period, in which the crime fell, began on April 3, 2011 at the earliest and ended on December 7, 2012 at the latest - the date of death of [redacted name], the brother of [redacted name], P8. Furthermore, it was possible that a plastic tube was used as an instrument of crime on the following day. In this context, the Judge made reference to the testimony of witness [redacted name], P11. Moreover, it was possible that the statement [attributed to Alaa M. by the witness] “Here you have your medicine” was made on the day following the witness’s arrival. The Judge noted that the Accused had returned later with the instruction to bring the epileptic patient. Both this request and the administration of the medication may have taken place on a later day. The Judge noted that it is reasonable to assume that [redacted name], P8’s brother, died after taking the tablet. As a result, the act of killing must also be considered, taking into account the previous mistreatment of the victim, who suffered from epilepsy.
Based on the testimony of witnesses [redacted name], P1, and [redacted name], P4, regarding the riot during Ramadan 2012, it can be assumed with a reasonable degree of certainty that the incident occurred between August and September 2012.
Judge Koller concluded that the witnesses P1, P4 and the killed prisoner [redacted name] are to be regarded as victims of the regime. These persons can either be associated with the Sunni section of the population or with the section that opposed the Assad regime. The witness P4 was mistreated either because of his religious affiliation as a Sunni or due to his origin from Ar-Rastan الرستن.
The proceedings were adjourned at 12:33 PM.
The next trial day will be on May 20, 2025, at 10:00 AM.
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