Inside the Alaa M. Trial #77: Alpha Male Peacock

Higher Regional Court – Frankfurt, Germany

Trial Monitoring Summary #77

Hearing Date: June 10 & 11, 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 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 77th trial monitoring report details days 135 and 136 of the trial of Alaa M. in Frankfurt, Germany. On the first trial day this week, a new witness appeared in court. P42 is a doctor who worked with the Accused at the Al-Mazzeh Military Hospital. P42 gave an overview of the military hospitals and elaborated on the ethnic composition of the Syrian army. He then described how detainees were brought to the hospital and beaten by nurses and intelligence personnel.

P42 summarized the detainees' injuries and their general condition in the hospital as “bad”. P42 heard of death cases in the hospital but did not witness any. Upon questioning, he confirmed that there was a stench in the hospital, yet he did not know if it was the smell of the corpses. He testified that some of the detainees were treated quickly and suggested that they were likely leaders in the opposition.

P42 recounted how he met M. and how they had a dispute on the first day he worked with M. P42 further recounted how M. used to boss his juniors around and fawn on his seniors and intelligence personnel, and then brag to his colleagues. P42 claimed that M. had relationships with women and liked to appear as the alpha man.

P42 said that M. was loyal to the Syrian regime and M. believed that the demonstrators deserved what happened to them because they rebelled against the regime. He added that M. was avoiding work and was a hypocrite who flattered senior doctors to get a place in operations. He explained that his Sunni colleagues were cautious in the hospital because they were always suspicious in the eyes of intelligence personnel.

The next day, P42's questioning was completed. The witness described a situation in which he felt that M. attempted to embarrass him before the chief physician. Then he was asked about the structure of the hospital in terms of the staff’s religions, about M.’s injury and the hospitals to which M. was transferred. The Judges were interested to know what P42 knew about certain doctors and the accusations against M., which P42 believed were likely to be true.

The Judges asked if P42 had any concerns about testifying, which P42 denied, saying that he is a pragmatist who fears only God. Until the end of the hearing, the Defense Team questioned the witness. The Presiding Judge interjected demanding clarification about a statement related to calling the demonstrators terrorists made by P42 during his police questioning. P42 explained that he was reporting rather than confirming what he heard.

Day 135 – June 10, 2024

In today's trial session, a new witness appeared in court. [Redacted name], P42, is a thirty-eight-year-old doctor, [redacted information]. He was born and raised in [redacted location], where he attended school until [redacted time], and studied medicine at [redacted name] University until he graduated in [redacted time]. His medical training started in [redacted time] and finished in [redacted time]. He came to Germany in [redacted time]. The Judges asked P42 to detail when and where his medical training took place. P42 recounted that he started his medical training at Tishreen Hospital in [redacted time], then transferred for a month - which was not credited as part of his medical training - to a health center in a military sector. His medical training included rotations between hospitals every six months. After the aforementioned month, P42 returned to Harasta Hospital where he stayed for a year from [redacted time] to [redacted time]. This was followed by six months at Tishreen Hospital until the end of [redacted time], then another six months at Al-Mazzeh Hospital until [redacted time], and finally to Tishreen Hospital, where he completed his medical training.

P42 testified mostly in German. At the beginning of the session, the Judges asked him to testify in Arabic for precision and so that they would have more time to note down his replies. Nonetheless P42 refused saying that he could speak German. From time to time, the witness asked for the interpreter’s assistance, and the Judges insisted that P42 answered some questions in Arabic, as he kept switching back and forth between both languages.

Presiding Judge Koller asked P42 to explain the functions of military hospitals and whether they were responsible for treating all people. P42 explained that it depended on the time; before the war, they were for everyone, including military personnel and their relatives, but civilians had to pay a small amount in exchange for treatment. However, after 2011, P42 added, they became exclusively for the military personnel.

Judge Koller noted that the unrest started in Syria in 2011 and wanted to know how it affected P41's personal and professional life. P42 explained that his personal life was unfazed. He testified that the demonstrations started in Tunisia, through Libya and Egypt, all the way to Syria, and that he was neutral at first when the demonstrations were peaceful and unarmed. However, after the attack on the hospitals, P42 added, he sided with the army. Koller recalled that P42 told the Judges that he is an Alawite, pointed out that Bashar Al-Assad is also an Alawite and wanted to know if Alawites are friendly to the regime. P42 replied that it depended on what “friendly” meant. Koller said he meant that they are “not against the regime”. P42 explained that there are two million Alawites in Syria, of which about 2% benefit and profit from the regime. The rest, however - such as those in [redacted location], where P42 is originally from - are poor like the rest of the population. P42 testified that he is not against the regime and does not care about Bashar Al-Assad; the government and the army belong to the people, not the Alawites. P42 emphasized that he meant the army, not the intelligence services which included Alawites and others. According to P42, the intelligence services in Syria are bad, arrogant and they did whatever they wanted. P42 added that one feared them and was safe as long as one did not criticize the government. Koller wanted to know if P42 considered himself anti-regime. P42 replied that he was never with the opposition, because a change-seeker does not take up arms and bomb people, their property or government buildings and facilities. Therefore, P42 was either neutral or sided with the army, noting that Alawites constituted only 10-20% of the army, while the rest were Sunnis.

Koller wanted to know how the patients were treated. P42 recounted that the detainees were anonymous in the Harasta hospital and that intelligence personnel brought them with their hands tied behind their backs and their jackets turned over their heads. The detainees were placed in individual rooms and shackled to beds. When doctors recommended surgery for a patient, for example, the intelligence personnel would either allow it or refuse and take the patient back with them. Koller wanted to confirm whether P42 said that the detainees were shackled to the beds, to which P42 replied, “Yes, of course.” Some of the detainees used curtains to escape from the windows because their rooms were on the first floor. Koller was surprised that P42 said “of course,” noting that shackling patients in a hospital is extraordinary and abnormal. Koller then recalled that P42 did not remember that the detainees were blindfolded but had their heads covered by their jackets instead, to which P42 responded, “Of course they were blindfolded in the department, but I was previously talking about the ER [referring to the jackets turned over the heads]." Koller found it strange that P42 used the same expression again.

Judge Koller shifted the questioning to Al-Mazzeh Hospital, asking about the conditions of the detainees there. [The Judges repeatedly admonished P42 to speak Arabic, with which he repetitively complied by saying a sentence in Arabic before switching back to German.] P42 described how detained patients were brought to the emergency department and the nurses - who were essentially military - would beat the detainees until they were placed on the beds, after which only the intelligence personnel would beat, as each detainee was accompanied by two or three individuals from the intelligence services. After that the doctor would come and examine them. According to P42, most of the detainees were allowed to be treated unless they were dangerous or opposition leaders. The patients were then distributed according to their condition.

Koller quoted the transcript of the police questioning where P42 stated that beating in Syria was not something strange or serious. Koller asked if P42 meant that beating patients was normal, to which P42 replied, “Of course,” as parents beat children. P42 was even told by a colleague that his father used to hit him on the head or elsewhere. P42 added that this was done even among friends as “we tend to be physical.” Koller asked if there were any special beating methods. P42 responded that the most common beating with a weapon was with the butt of an AK-47 rifle. Koller reminded P42 of his statement to the police when P42 reported that a patient with a broken thigh was beaten on the fracture. P42 replied that this was a single case in Al-Mazzeh. Judge Rhode asked if P42 intervened at the time. P42 explained that he was helpless to do anything and that the mere fact that the intelligence personnel would ask him “why?” [i.e. why are you intervening] would be dangerous. Rhode reminded the witness that he stated to the police that some medical procedures were performed without anesthesia. P42 replied that such procedures were performed for both parties - detainees and military alike - due to scarce resources. At Rhode's request, P42 described a situation in the hospital when one of the injured soldiers thought he was more entitled to treatment than others, put the barrel of the gun in P42's abdomen and told him that he had to treat him against his will, to which P42 replied that he was the only doctor in the emergency department at the time “so do what you want.” According to P42, both soldiers’ colleagues calmed their colleague down and took him back.

***

[10-minutes-break]

***

After the break, the Judges discussed with the witness the types and patterns of injuries. Presiding Judge Koller then wanted to know how often P42 went to the detainees’ section. P42 explained that he went often - at the very least - and that every doctor had to go there, not because one liked to go, but because it was not the doctors’ decision as they had to treat the patients. According to P42, it was uncomfortable to go there because intelligence personnel were present. In response to Koller's question, P42 explained that treating detainees in their rooms could last ten minutes, but also three hours.

Judge Koller was interested in the condition of the detainees. P42 said that he could summarize their condition with one word: “bad.” They were suffering from severe malnutrition, lack of fluids, and poor hygiene. Regarding fractures, the bandages were supposed to be changed twice a day [which was not the case] but the malnutrition exacerbated the condition.

[Defense Counsel Endres entered the courtroom.]

Koller asked if the detainees were abused in the section where they were placed, which P42 confirmed. When Koller asked him if he witnessed this himself, P42 replied, “Yes, when I entered [the detainees' room]. Of course, he [the intelligence personnel] was beating him [the patient].” Koller reiterated that “of course” is odd to the Court and asked who beat the detainees. P42 replied that the intelligence personnel did. P42 did not recall that nurses were involved in beating in the detainees' room because he did not remember that nurses went there in the first place. According to the witness, the administrative staff - who were all military - were involved in beating the detainees upon arrival at the hospital.

Judge Rhode wanted to know if P42 could not go to the detainees' section and let someone else do it. P42 confirmed that it was possible; due to the hierarchy, he would ask his junior to go instead, who P42 would later reward by allowing him to enter the operations. Rhode referred to the bad smell of wounds that P42 mentioned and wanted to know if there were other smells in the detainees' room. P42 said that one did not have to get close to the wounds to smell the stench; it was noticeable as soon as one entered the room. Rhode asked if P42 got the impression that patients were not allowed to use the toilet. P42 affirmed explaining that there were stains under the bandages and suggested that what was under the patients was excrement.

Upon questioning by Judge Rhode about death cases among detainees, P42 replied that he did not witness any himself, but confirmed that his colleagues told him that they treated patients yesterday who died today. Since the intelligence personnel were in charge of the corpses, P42 did not know what was done with them, but P42 recalled that they were kept in refrigerators inside rooms in the emergency department waiting for the intelligence personnel who would either take them or leave them in the refrigerators. P42 added that dead people from both sides [the opposition and regime] arrived at the hospital. Rhode wanted to know if there were rooms for detainees in the [redacted information] department. P42 replied that there was one room only in the beginning, because Al-Mazzeh Hospital was close to an important military sector and the presidential palace. Sometimes a high-ranking military commander would visit the hospital and the department had to be clean, thus the detainees did not remain in the department. According to P42, the detainees’ room in this department was better than the ones outside, because the patients were opposition leaders and received better treatment as the intelligence service wanted information from them.

Since P42 did not recall, Judge Rhode reminded him that the chief physician of his department was [redacted name]. Rhode referred to [redacted name], P28’s testimony - whom P42 admitted knowing and being senior to him by one year - in which P28 stated that screams were heard in the department. P42 explained that the reason could be that both were in two different groups. Rhode asked if P42 heard screams in the emergency department and if he knew their cause. P42 confirmed, adding that screams were unfortunately caused by the beating rather than the treatment.

A satellite image that was shown to P42 during the police questioning was displayed in court. P42 explained the image to the Judges and showed the hospital's departments.

***

[80-minutes-break]

***

Before moving on to another topic, Judge Rhode wanted to inquire about the detainees whom P42 described as opposition leaders. P42 explained that their injuries were acute rather than chronic, that doctors were asked to treat them quickly and then intelligence personnel took them away, and that there were rumors by the nurses that they were members of Al-Qaeda and most of them were not Syrians.

The ensuing questions by Presiding Judge Koller revolved around the Accused and he wanted to know how P42 got to know M. P42 described his first encounter with M., which was at Al-Mazzeh Hospital where they had a dispute. According to P42, M. told P28, that P42 should not participate in operations. P42 believed that M. wanted to show his authority to P42 and that he could control P42 as he wished, but P42 stood his ground and told M. that there was no hierarchy between them as they were in the same year, the third year, and that M. was not allowed to address P42 in such a tone. Koller asked if P42 heard how M. treated others. P42 recounted that those who were junior to M. said that M. was not kind to them and addressed them in a “bossy” tone. P42 further recounted that his two friends [redacted name] and [redacted name] warned P42 when he was still in Tishreen and shortly before P42 moved to Al-Mazzeh that he would meet M. who was rude and difficult to deal with. They also told him that M. avoided work and made excuses that he had things to do, when the emergency department was full of patients and M.'s colleagues were in desperate need of help. When Judge Koller asked about the religion of his two colleagues, P42 explained that one of them was [redacted information] and the other was [redacted information].

Koller wanted to learn more about other situations that P42 heard of or experienced with M. P42 recounted that M. fawned over his superiors and intelligence personnel and boasted that he knew X or Y who had high positions or were from intelligence personnel - such as [redacted name] and [redacted name] - to make others feel that he had influence and authority to do what he wanted. P42 added that this was the practice of many people in Syria, and therefore P42 did not believe or care about anything that M. uttered before his colleagues in the doctors' room, for example, since M. boasted and flaunted like a peacock; it was only bragging. In such situations, P42 would leave and go somewhere else. Since their dispute, P42 distanced himself from M. and they were in different groups. P42 added that M. preferred to go to the detainees' section, and when someone did not want to go, M. would go instead and portray it as if he was sacrificing himself for others. P42 claimed that M. did this to further his acquaintance with the intelligence personnel and get closer to them. P42 exemplified another situation when M. would leave the emergency department to smoke with the intelligence personnel.

***

[5-minutes-break]

***

After a brief break for discussion, Judge Rhode asked if P42 heard about other situations with M. P42 recounted that M. was a ladies’ man and had relationships with multiple women due to his status as a doctor. Rhode noted that P42 used the plural form when talking about women. P42 replied that M. liked to show that he was an “alpha man” and had many women, but P42 did not buy it. Rhode asked if M. was in a serious relationship at the time, such as an engagement. P42 denied that M. had been in a serious relationship when he was in Al-Mazzeh Hospital, adding that M. said that what he was doing was just for fun. Later in the session, Rhode asked P42 about something pertaining to this topic. He wanted to know where M. lived. P42 replied that M. had an apartment in Damascus where he took the women. Rhode asked whether M.'s parents were living with him at the time, to which P42 replied that he did not know or care. At another point, P42 mentioned that M. used to tell the nurses and junior doctors that they should do such and such, and they would later tell P42 that M. taught them that. P42 would correct what they learned and refer them to books, as, according to P42, M. had mistaught them (ignorantly rather than intentionally).

Judge Rhode wanted to know what P42 heard about M.’s stance on the detainees and the Syrian regime. P42 said that M. was loyal to the regime which was something M. expressed in words of which P42 remembered an example only: “This has to end,” and that the demonstrators deserved what happened to them for going against the regime. P42 gave examples of the insults that M. and other doctors used to curse detainees with.

P42 recounted that M. did not help his colleagues, as M. would suddenly disappear, and they would find him either in the operations or in the chief physician's room. Judge Rhode asked why M. would be there. P42 replied that M. was a hypocrite who flattered senior doctors in order to ensure participation in more surgeries. When P42 did not remember the name of the senior doctor with whom M. was sitting, Rhode reminded him of the name “[redacted name]” which P42 then remembered and explained that he was a civilian doctor with a special and long contract with the hospital.

Judge Rhode wanted to know if there were doctors from certain religions who talked about the detainees, such as Sunnis. P42 said that this was a sensitive topic and that Sunni doctors were cautious since, unfortunately, intelligence personnel always looked at them with suspicion because they were Sunnis. Therefore, P42 added, Sunnis did not speak positively or negatively about the detainees. Rhode asked if Christians and Alawites rather did, which P42 confirmed. When confronted by Rhode with his statement from the police transcript, P42 confirmed having stated that M. had an extreme position against the opposition but did not recall in court having stated that M. said that demonstrators should not be treated.

At the end of the hearing, Judge Rhode asked if M. was absent for a period of time from Al-Mazzeh Hospital, such as on vacation. P42 recounted that M. used to visit his parents not in Homs city but in its surroundings, because M.’s mother had [redacted information] for treatment. P42 recalled a situation where M. asked P42 to swap shifts because M. wanted to take a vacation. P42 added that swapping shifts was something normal that everyone who wanted to take a vacation had to do.

The proceedings were adjourned at 3:29 PM

The next trial day will be on June 11, 2024, at 10AM.

Day 136 – June 11, 2024

Since P42 did not have anything to change or add to his testimony yesterday, when asked by Presiding Judge Koller, Judge Rhode resumed the questioning of P42. Rhode asked the witness if there was a situation in which M. embarrassed him. P42 recounted that he once came to the hospital late and entered the doctors' room, which was opposite a patients' room where the chief physician and other doctors were conducting the morning rounds on the patients. While P42 was sitting in the doctors' room, M. opened the door and said, “Aha! [redacted name] has arrived” to show the chief physician and the others that P42 arrived late, as the two rooms were opposite each other. Although he told the Judges that he did not know whether M. did this on purpose, P42 believed it was likely because M. liked to make a “show.”

Judge Rhode wanted to know the structure of Al-Mazzeh Hospital in terms of the religions of the doctors. P42 said that Alawites were the majority; doctors, nurses, and others, followed by Christians, but there were also Sunni and Shiite doctors. Rhode noted that P42 reported to the police that Alawites formed 60% of the doctors and asked about the percentage of Christians. P42 answered that they were 10% of the hospital as a whole and 50% of the [redacted information] department. In response to Rhode's question, P42 explained that the Christians' interaction with the Alawites was normal; a collegial relationship.

Revisiting a point raised in the previous session, Rhode wanted to know if M. had been absent from work for periods longer than the holidays, such as being sick or injured. P42 said that later when he was in Tishreen, he heard from his colleague that M. was [redacted information] in his [redacted information], but the injury was not severe. P42 could not pinpoint the exact time of the injury but estimated that it was 3-6 months after P42 transferred to Tishreen. Rhode estimated that it was in the [redacted time]. Rhode asked if P42 heard about M.'s transfer to another hospital. Although he was not certain, P42 testified that M. transferred to a hospital under the administration of the Ministry of Health, [redacted name] Hospital, and estimated that the transfer was in late [redacted time] or early [redacted time]. Rhode said that according to the police transcript, P42 stated that M. was transferred to [redacted name] Hospital. P42 replied that he remembered now when Rhode reminded him but added that he nonetheless heard from his colleague that M. was transferred at some point to the Ministry of Health hospitals.

Judge Rhode then brought up the accusations against M. and wanted to know when and what P42 heard about them. P42 said that he heard about them in 2017 or 2018, and P42’s colleague at the time told him that there was a doctor accused of torture in Homs Military Hospital, after which P42 thanked God that it was not in his workplace. When Rhode asked him if he thought the accusations could be true, P42 replied that he honestly thought they could be, because working with M. was unpleasant, and he was a hypocrite who frequently fawned on senior doctors. P42 added that there was a red line that he did not imagine people could cross. Rhode asked about the Facebook group “Syrian doctors in Germany” and whether the accusations against M. and the article by Der Spiegel were posted there. P42 explained that the group has over 50,000 subscribers, but he did not recall whether he read about the accusations there or elsewhere.

***

[5-minutes-break]

***

After the break, Presiding Judge Koller asked P42 to describe the clothes of the doctors in the hospital. P42 explained that the operating clothes were [redacted information], whereas the doctor’s ordinary outfit was [redacted information]. As for the nurses, they had a special uniform from the hospital bearing the logo [redacted information]. The Judges asked P42 to describe the logo. P42 began drawing a sketch and described that it had [redacted information]. The interpreter then handed the sketch to the Judges, who included it in the minutes [but it was not displayed on screen for the audience]. After that, a picture of medical staff - one of them was holding a Kalashnikov - wearing [redacted information] with a logo was displayed on the screen. Judge Rhode pointed out that there were differences between the logo P42 drew and in the picture, which had a [redacted information], and asked P42 which of the two logos was more correct. P42 replied that the logo in the picture was more correct.

After that, Judge Rhode asked whether there were external missions in which doctors were sent to intelligence prisons. P42 confirmed and stated that he heard that there were exclusively military doctors who used to go to intelligence branches to treat detainees and bring to the hospital those whose condition required it. P42 did not remember how he heard about this but explained that it was widespread.

Judge Rhode then asked about some of the doctors and what P42 knew about them. Rhode began by noting that P42 previously mentioned P28 and asked if P42 knew P28’s family. P42 said that P28's father was the director of [redacted name] Hospital and later became the director of the [redacted information]. Rhode wanted to know what relationship that director, [redacted name], had with M. P42 said that they had a good friendship. P42 did not hear that M. complained to [redacted name] to change the hospital, but P42 believed it was possible. Rhode then asked about a person called [redacted name]. P42 replied that this was a neurologist or urologist who studied in [redacted location], but P42 did not hear anything remarkable related to him and M. The last person Rhode asked about was [redacted name]. P42 said that he did not know him personally, but he heard that this person was a general surgeon who transferred from Homs Hospital to Harasta. P42 did not remember if he saw him once or not at all. P42 heard that although this person was a specialist, his medical reputation in operations was bad, therefore he sought an administrative position in the hospital. According to P42, this person was in charge of the main gate of the hospital, deciding what and who could enter the hospital and ordering them to be searched.

Setting aside the periodic rotations between hospitals, Judge Rhode wanted to know if it was possible for a doctor to be transferred to another hospital. P42 confirmed that it is possible and that it was likely to be a punishment. He listed hospitals to which a doctor could be transferred as a punishment and mentioned the reasons that could lead to punishment. P42 explained that while a civilian doctor could refuse the transfer but his contract would be terminated, a military doctor had to transfer and there could be a prison sentence of eight to ten days. P42 recounted that he once received a salary deduction penalty because he was ten minutes late to sign in because he was in operations. Punitive transfers aside, Rhode wanted to know if it was possible for a doctor to be transferred to another hospital. P42 affirmed that doctors can be transferred to support another understaffed hospital or if there was an increased number of casualties. P42 gave an example of P28, P36, and P40 when they were transferred from Tishreen to Al-Mazzeh and remained there.

Judge Adlhoch was interested in whether P42 had concerns about testifying and P42 denied. Adlhoch asked if he had family in Syria and P42 confirmed. Adlhoch noted that many witnesses voiced in court that they had concerns for their families in Syria. P42 responded that he is pragmatic most of the time and noted that it was better for him. P42 went on to say that human beings are weak creatures who could die if infected with a humble microbe, thus, according to P42, he fears only God.

Judge Kriewald asked if P42 could determine which intelligence branches brought detainees to Al-Mazzeh Hospital. P42 replied that unlike the CIA and the FBI in the United States, Syria has many intelligence branches and it depended on the situation: If the detainees were defected soldiers, the Military Intelligence would be in charge of them, for ordinary people however there would be the higher-ranking Air Force Intelligence. P42 added that there are also the Republican Palace Intelligence, and many others.

Since neither the Prosecutors nor the Plaintiff’s Counsel had any questions, the Defense Team proceeded with its questioning. Defense Counsel Al-Agi recalled P42 testifying in the previous session that detainees in the hospital were referred to as detainees, not demonstrators. Al-Agi then quoted the police questioning transcript in which P42 stated that there was an inaccessible place in Tishreen designated for terrorists. Al-Agi wanted to know if and why this term was used to refer to detainees. P42 replied, “Yes, of course,” and explained that they [the detainees] committed massacres and killed people based on their ID cards [i.e., their religion, origin, etc.] for no reason. Presiding Judge Koller intervened, asking how P42 arrived at this conclusion only by witnessing detained people being brought to the hospital. P42 responded that “we” saw that they were brought from war zones rather than their homes, but one could not be sure. Koller replied, “Exactly!” and added that this does not necessarily mean that they were participating in the war. P42 replied that they came in war clothes, not pajamas, those who died were from the army and civilians, and there were video clips to prove this, but nobody can be 100% certain. Koller said, “Exactly!” and wondered if those who were brought were terrorists. P42 replied that there were terrorist groups in Syria, but he could not be 100% certain. Koller said, “Exactly!” After some back and forth, P42 explained that in the police questioning, he reported what the detainees were referred to, he did not mean that this was his opinion regarding them.

Defense Counsel Bonn took over from his colleague and referred P42 to the police questioning when P42 stated that the accusations against M. were exaggerated. P42 responded that this was why he said he was 70% sure rather than 100%. Referring to the situation in which P42 was in the doctors’ room whose door M. opened, Bonn wanted to know how P42 knew there was a morning round in the opposite room if the door was closed. P42 responded that one could hear the chief physician and colleagues in the opposite room. Bonn recalled P42 testifying that he was uncertain whether M. did this intentionally and wanted to know if there was a possibility that M. did not know that someone was in the room. P42 responded that he believed that M. did it on purpose. Bonn told P42 that he wanted an answer based on the course of events. P42 responded that he did not know M.’s intention objectively, but he believed M. did it on purpose because M. liked to make a “show” which he repeatedly did to other colleagues. “Would not the chief physician have known that you missed the morning round anyway?”, Bonn asked. P42 replied that this was not necessary as the number of doctors was large, and had M. not done that, the chief physician would not have known. Bonn wanted to imply that P42 told the Court that the beating of detainees occurred daily in the room in which they were held, but Judges Koller and Rhode were alert and corrected Bonn by recalling that the judges’ question was general and not specific to the detainees’ room.

[Defense Counsel Endres arrived in the courtroom while the above questions were being asked.]

***

[5-minutes-break]

***

After a short break that was granted to the Accused to prepare his questions with his Counsel, Defense Counsel Endres asked to display a document of M.’s case file. It showed a punitive administrative order to deduct a certain amount from the monthly salary of a few doctors, including M. Endres wanted to know if P42 had seen such a document. P42 confirmed, explaining that he had once been subjected to a similar punishment. P42 was then asked to identify any doctors he knew whose names were mentioned in the document, as well as its signatory, which P42 did. After the Defense had no more questions and since the Accused did not have any, the Presiding Judge dismissed the witness and adjourned the session.

The proceedings were adjourned at 1:02 PM

The next trial day will be on June 25, 2024, at 10AM.

___________________________

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