Inside the Alaa M. Trial #81: “We Sacrifice Ourselves With Our Blood And Soul, O Bashar”

Higher Regional Court – Frankfurt, Germany

Trial Monitoring Summary #81

Hearing Date: July 23, 25 & 26, 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 81st trial monitoring report details days 144, 145 and 146 of the trial of Alaa M. in Frankfurt, Germany. On the first trial day, P4’s nephew, P47, was questioned in court. The Court had summoned him based on P4's testimony that he and P47 had been detained together in 2012 at Homs Military Hospital, with P47 being around eleven years old at the time. P47 indicated that he might have been in a hospital but did not recall being in prison or mistreated alongside his uncle. He also did not remember anything about his father’s or uncle’s political orientation, though he acknowledged that his father had been wanted in Syria, without recalling the reason. The Judges expressed skepticism about P47’s lack of recollection regarding events in Syria and eventually dismissed him without being able to clarify much.

On the second day this week, the Prosecution revealed an ongoing preliminary investigation into additional charges against Alaa M. but did not provide further details. The Judges read WhatsApp conversations between Alaa M. and his family, which led to obtaining a work report confirming Alaa M.’s transfer from Homs to Damascus in November 2011. They also reviewed a German Federal Criminal Police Office (BKA) report on [redacted name], who issued the work report and was a close associate of Bashar Al-Assad, as well as another BKA report summarizing Facebook Messenger chats where Alaa M. mentioned being in Damascus between December 2011 and January 2012.

On the third day this week, the Judges continued to read Alaa M.’s Facebook Messenger chats and posts, revealing his support for Al-Assad with statements such as, “We sacrifice ourselves with our blood and soul, O Bashar.” Judge Koller asked Alaa M. if he wanted to comment on what had been read, and Alaa M. admitted to lying about two aspects in his initial testimony [German: Einlassung]: his political orientation and his claim of not having seen war-related dead bodies. Judge Koller concluded the questioning by expressing uncertainty about the credibility of Alaa M.'s statements.

Day 144 – July 23, 2024

On the first trial day this week, a new witness appeared in Court.[Redacted name], P4’s nephew, [redacted name], P47, aged [redacted information], was questioned in Court. The Court summoned him following P4's testimony that he had been detained in 2012 alongside P47 in the prison of Homs Military Hospital.

In the beginning of the session, Counsel Benito Bonn, Defense Counsel Stefan Bonn’s son, was authorized to appear as a substitute for Defense Counsel Endres, who was not present this week.

Before the witness was called to testify, the Court heard BKA lead investigator Manuel Deußing. Deußing had previously met with P47 during his police questioning to show him eight photos of male Syrians, including one of Alaa M. P47 stated he did not recognize any of these individuals, including Alaa M. Deußing presented this finding to the Court and was then dismissed.

Subsequently, P47 entered the courtroom, accompanied by his lawyer, Sonka Mehner, who practices in Essen. [Note: Ms. Mehner also represented last week’s witness on days 141 and 142.] The witness had been summoned by the German Federal Criminal Police Office (BKA) as he resides outside of Germany. One BKA officer accompanied the witness.

Presiding Judge Koller asked the witness if he knew why he was called to testify. P47 responded that he only knew from the BKA officers that he had been in a hospital in Syria where people had been tortured. Judge Koller wanted to know how the witness had heard about the torture. P47 replied that he had been in several Syrian hospitals when he was a child but “something like this” never happened to him. Judge Koller inquired why he had been in hospital. P47 said that he was eleven years old at the time and could not remember why he was there.

Then, Judge Koller asked him if he knew P4. P47 said that this was his uncle. Upon further questioning, P47 said he did not remember ever being in a hospital with his uncle, P4. Judge Koller informed the witness that his uncle, P4, testified that both he and his nephew had been detained and mistreated at Homs Military Hospital. The witness consistently denied having any recollection of being at Homs Military Hospital or being mistreated. However, he remembered that his uncle was detained but did not remember the reason for it. Judge Koller asked him if the uncle, P4, had been detained and took the witness, P47, with him. P47 denied. He said he was a child at that time and could not even remember the house he used to live in.

Judge Koller asked P47 again why, when and how long he had been in hospital. P47 answered that he was a child and had probably been in hospital due to the war but did not have any recollection as to why he might have been there. Judge Koller asked what the witness remembered about the war. P47 remembered murder and death and that his grandfather and uncle had died in the war.  He also remembered that he was hungry and that his family had to leave their house several times to seek shelter in smaller villages that were less affected by armed conflict. Upon Judge Koller’s questioning, P47 explained that he had lived with his family in [redacted location], in the Homs Governorate. In 2013, his family had to leave the city, lived with uncles further away from the city and eventually fled to [redacted location].

Judge Koller asked who P47 lived with. P47 remembered living with his parents and siblings. His uncle, P4, lived on the same street but not in the same household. Judge Koller asked about P4’s profession. P47 remembered that all his uncles were [redacted information]. In response to Judge Koller’s question, P47 explained that he occasionally saw his uncle, P4, before the war but rarely saw him during the war as each family had to manage their own issues.

Judge Koller asked him if he knew [redacted name], P1. P47 said that the name rang a bell, and he assumed that P1 might have lived in the same city because many people with the last name [redacted name] lived there.

Judge Koller asked the witness to describe his family home in [redacted location]. P47 remembered that it was a two-story house. He was not allowed to enter the second floor because it was too dangerous due to explosions in the city. Nonetheless, P47 remembered walking up to the second floor and seeing explosions and fires. He also remembered that his father told him that in one of these explosions, his uncle [redacted name] died because he was hit by a bullet. Another uncle, [redacted name], was abducted the same day.

Then, Judge Koller asked him about his father’s political orientation. P47 recalled that his father had been an air force soldier but had studied [redacted information] and became a [redacted information]. He claimed to not remember whether his father supported the regime or the opposition and expressed that he was probably neutral. Judge Koller asked P47 if he was abducted to pressure his father because he was an opposition member. P47 stressed again that he did not remember that anything like that had happened to him.

Judge Koller asked P47 about his relationship with his uncle, P4. P47 said that he loved all his uncles but hardly ever saw P4 because P4 had been traveling a lot. Judge Koller repeated that P4 testified in court that uncle and nephew were detained together. Koller referenced P4’s testimony in which he declared that he protected P47 from abuse in the detention facility and that P47 had told P4 that he loved him because of that. P47 expressed that he did not remember a word of what Judge Koller had just said. Upon further questioning, P47 also did not remember having purulent wounds.

Then, Judge Rhode continued the questioning. He asked P47 when he had last spoken to his uncle, P4. P47 mentioned he called his uncle the previous night to inform him of his arrival in Frankfurt. He asserted that he never discussed any events in Syria with his uncle, nor was he informed that his uncle had already testified in court. He had seen his uncle last year at a family event in [redacted location]. P47 explained that he and his uncle were close while in [redacted location] as refugees but now only communicated once a month.

Judge Rhode asked whether the uncle had ever lived in [redacted location]. The witness affirmed and explained that his uncle had already been living in [redacted location] when he, P47, arrived there as well. His uncle also visited him in the accommodation for refugees at the end of [redacted time]. P47 explained that he could not go visit his uncle before he completed the paperwork for his refugee status and due to covid protection measures. After that, P47 stayed with his uncle in [redacted location] for a few days before moving to [redacted location] to be with his brother.

Upon further questioning, P47 explained that he never talked to his uncle about the situation in Syria, neither about the uncle’s position on the conflict nor what had happened to the uncle. Judge Rhode then asked if P47 remembered who abducted his uncle [redacted name]. P47 recounted that his father had told him that it was government troops. When asked about the reason for the abduction, P47 reiterated that he did not know the reason in this specific case but that many people were abducted to demand ransom. P47 then remembered that his father had been wanted in Syria but did not remember why, assuming it was because his father was a [redacted information]. Judge Rhode asked who was looking for the father. P47 replied that it was the regime who had been abducting many people all over Syria. When asked if he had been wanted, P47 replied that he was a child and asked why anyone would have been looking for him.

The Judges expressed skepticism about the witness's claims of having no recollection of events in Syria and never discussing the proceedings with his uncle. They asked if he still had family in Syria and if he was in contact with them. After hesitating for a bit and sharing a look with his lawyer, the witness affirmed.

***

[25-minutes-break]

***

After the break, Judge Rhode tried to retrieve a recollection of what had happened to P4 and P47 in Homs Military Hospital by summarizing P4’s testimony before this Court. P4’s testimony contained the following facts: P4 was detained in the central prison of Homs. The eleven or twelve-year old P47 was detained in the same prison but in a different department. There had been a riot in the prison, at around the time of Ramadan 2012. After that, P4 and P47 as well as P1, [redacted name], and several other persons were transferred to the Military Intelligence Services and detained in their prison facility. P47 had purulent wounds and ulcers. Because of that, P4 and P47 were transferred to Homs Military Hospital. There, they were detained in a cell with fifteen to twenty other detainees. In the cell, several instances of abuse and violence occurred, committed by personnel of the hospital and the military police. Judge Rhode asked the witness whether he remembered anything about this. P47 denied.

Judge Rhode asked the witness if he had heard the accusations against a Syrian doctor living in Germany, more specifically if he had heard accusations against Alaa M. P47 denied. Judge Rhode asked whether P4 had told the witness about the accusations. P47 also denied.

Judge Koller asked the parties if they had further questions to the witness. Only the Defense posed two questions to the witness. Defense Counsel Bonn asked again why the witness's uncle was detained in Syria. The witness repeated that he did not know. Defense Counsel Al-Agi asked whether the uncle was represented by a lawyer when he was detained in Syria. The witness replied that he didn't know.

Presiding Judge Koller thanked the witness for coming and dismissed him before closing the session.

The proceedings were adjourned at 11:55AM.

The next trial day will be on July 25, 2024, at 10:00AM.

Day 145 – July 25, 2024

In the second session this week, the Court did not hear a new witness. In the beginning of the session, Judge Koller noted that Counsel Benito Bonn was present again to substitute Defense Counsel Endres. Then, Judge Koller asked the Prosecution whether there was an additional preliminary investigation conducted against Alaa M. Prosecutor Zabeck affirmed but said she could not share details.

Judge Koller proceeded to inform the parties to the proceedings about the trial days which the Court has scheduled until the end of January 2025. Judge Koller left it open whether additional days might be added after January 2025.

At this point, Judge von Arnim noted that Alaa M. was crying and proposed to take a break so that he could talk with his lawyers. During the break, Alaa M. repeated several times: “I cannot take this anymore.”

***

[5-minutes-break]

***

After the break, Judge Koller obtained the consent of the parties to introduce the translation of the WhatsApp-Chats between Alaa M. and his father from June 7. [Note: The year was not clearly audible, but most likely referred to 2020.], by reading out the translation, according to Section 249 (2) and Section 251 (1) No. 1 German Code of Criminal Procedure. Judge Rhode read out the translation and the document was projected via the screens to the parties of the proceedings and the public audience. The chat revolved around a document, a work report, from the Syrian army, Department of Organization and Human Resources Office. The work report showed Alaa M.’s stations in his medical training. It listed that Alaa M. started his specialist training as a civilian doctor in Homs Military Hospital on January 28, 2010. According to the document, Alaa M. was transferred to Damascus on November 20, 2011. The document was signed by [redacted name]. The chat detailed that Alaa M.’s father sent Alaa M. a message saying that it worked and that the document had arrived. He sent Alaa M. a picture of the document.

Again, with consent of the parties, Judge Rhode read out the translation of a chat between Alaa M. and his uncle, [redacted name], from June 8, 2020. Alaa M. sent a picture of the same document to his uncle. They also discussed contacting someone named Aktham [Suleiman] [أكثم [سليمان.On June 16, 2020, Alaa M. sent a message to his uncle, stating that he had an appointment with his lawyer, was going to talk to “the Arab” and was going to coordinate with him.

The next chat was a group chat that Alaa M.’s wife, [redacted name], was a member of. On June 1, 2020, she sent a voice message to her friends, talking about the above-discussed document. She was worried that they could not obtain the only document proving Alaa M’s innocence. Alaa M.’s wife said that [redacted name] was the one who could provide this document. She also said that [redacted name] and an acquaintance who was the director of a hospital tried to talk to [redacted name] but could not convince him.

Then, Judge Koller read out a BKA report on [redacted name], the person that Alaa M.’s wife said could provide this document. He also signed the document that Alaa M.’s father sent to the Accused. The report was conducted on December 4, 2023. The police analyzed various newspaper articles, social media posts and testimonies collected by the BKA; as well as the statement of [redacted name], which had been transmitted to the BKA by SJAC. The report traced back the career of [redacted name]. He was born in [redacted time] and served in the military with Bashar Al-Assad. The two became close and trusted friends. Because of this close relationship, [redacted name] was promoted to major general and became head of the Military Medical Services (MMS). He supported the regime. Several sources connected him to the systematic torture in military hospitals. The BKA report took note of the fact that [redacted name] only provided Alaa M.’s work report after he had been approached by Alaa M.’s family members, which was evidenced by the WhatsApp-Chats that Alaa M.’s wife had sent. [Note: The report referred to the chat that the Judges had also read out earlier in today’s session.]

***

[20-minutes-break]

***

After the break, the Judges took turns reading out a BKA report, summarizing relevant chats from Facebook Messenger. In these chats, Alaa M. told several people, including his friends [redacted name], [redacted name], [redacted name], [redacted name], and[redacted name], that he was in Damascus. He sent these messages between December 2011 and January 2012. He sent his friend[redacted name] a message on December 12, 2011, telling him that he lived in[redacted location], which the BKA report concluded must be the[redacted location] Square in Damascus. Alaa M. told the same person that his father had bought two houses in Damascus but that the houses were owned by him.

M.’s messages also included complaints about being busy at the hospital, mentioning that 18 patients with bullet wounds were delivered from areas near Damascus, such as Sahnaya صحنايا and Az-Zabadani الزبداني.Additionally, there were messages with his friend [redacted name] (also known as [redacted name]) in which the friend asked Alaa M. to consult pediatricians about something related to his child in September 2012. Alaa M. responded on October 7, 2012, explaining what two pediatricians in Damascus had told him about possible ways to help the child.

In his messages, Alaa M. used several curse words as well as vulgar language. The messages included arrogant and humiliating descriptions of his colleagues in the hospital. Alaa M. also bragged about the brother of a friend, who was part of the air force, and who had killed many “of these dogs”.

Presiding Judge Koller ended the session. The reading of the report was not concluded and will resume the next day.

The proceedings were adjourned at 1:00PM.

The next trial day will be on July 26, 2024, at 10:00AM.

Day 146 – July 26, 2024

In the third session this week, Judge Koller noted that Counsel Benito Bonn was present again to substitute for Defense Counsel Endres.

Then, the Judges continued reading out Alaa M.’s Facebook Messenger chats. The chats were similar to the ones presented on trial day 145. They included messages from December 2011 and January 2012 in which Alaa M. told friends about his stay in Damascus. Regarding his work, he mentioned different names for the hospitals in Damascus: Tishreen, and Al-Mazzeh. The report concluded that the technical data, including IP address information, could not verify Alaa M.'s location when he sent the Facebook messages.

The report analyzing Alaa M.’s chats also included a screenshot from a message that Alaa M. had received from [redacted name]. In the message, [redacted name] told Alaa M. that he is a criminal, hateful doctor. He reminded Alaa M. of the incident in which he [Alaa M.] had burned a boy’s penis. He told Alaa M. he had shared this information with the German law enforcement authorities.

***

[15-minutes-break]

***

The BKA report also detailed Alaa M.’s Facebook posts and comments. Many of them evidenced his support for Bashar Al-Assad. The opinions shared by Alaa M. included statements like “Jesus Christ protect Assad’s Syria”; “You, Great Assad, forever”; “We sacrifice ourselves with our blood and soul, o Bashar,” and “For everyone who bet on Assad’s fall, I wish that you are impaled” [note: In the Syrian context, “impaled” is usually used figuratively, not in its literal sense.]

After the report had been fully read out, Judge Koller asked Alaa M. whether he wanted to comment on what the Judges had just read. He asked if there was anything that was different from what Alaa M. had said in his initial testimony at the beginning of the proceedings. Alaa M. admitted that he had not told the truth about his political orientation. He asked the Judges for their forgiveness for that. He acknowledged that his political orientation was a mistake, which he attributed to his youth and lack of political maturity.

Judge Koller asked Alaa M. whether that was the only thing that he had not been honest about in his testimony. He reminded Alaa M. that he had initially said that he never saw any dead bodies that were connected to the war in Syria. Judge Koller expressed that the chats painted a different picture. In response, Alaa M. admitted to lying about two things in his testimony: his political orientation and the dead bodies. He now told the Court that he had once seen a pile of dead bodies in Homs Military Hospital. He explained that he had not been called to the scene, but that word spread in the hospital that several unidentified corpses had arrived. Many doctors and nurses went to the scene to look at the corpses. The forensic doctors took out parts of the muscles to extract DNA and identify the corpses. Alaa M. said he was not involved in that and would not even know how to extract DNA from a dead body. When he had written a message on Facebook to a woman, in which he bragged about taking DNA from dead bodies, he exaggerated to scare her jokingly.

Judge Koller followed up and told Alaa M. that he had understood from his Facebook messages that Alaa M. wrote that he was involved in several autopsies of bodies. Alaa M. denied this and said that he only ever assisted in one autopsy of [redacted name], a friend of his boss [redacted name]. The forensic doctors examined the person, and several assistant doctors were helping.

Judge Rhode asked Alaa M. to clarify the timeline of his travel between Homs and Damascus. He referred to one of Alaa M.’s messages from December 8, 2011, in which Alaa M. wrote to a friend that he had arrived in Damascus ten days ago. Rhode identified a discrepancy in the fact that Alaa M. had participated in an operation at Al-Ahli Hospital in Homs while he was allegedly already in Damascus. Alaa M. could not specify the dates and explained this discrepancy by recounting that he participated in the operation at Al-Ahli Hospital before moving to Homs, and that he was simply imprecise in his messages to his friend.

The conversation then shifted back to Alaa M.’s political orientation. Judge Koller wanted to know who Abu Wadee’ أبو وديع was, referring to one of Alaa M.’s messages in which he wrote that only Abu Wadee’ could calm him down. Alaa M. clarified that he was referring to the singer George Wassouf جورج وسوف, who he said only sings about love, and insisted that he was unaware of any political content in Wassouf's songs. Judge Rhode suggested talking more about the singer and the political content of his songs after the summer break. Judge Koller concluded the Judges’ questioning by expressing that he was not sure what to believe of Alaa M.’s testimony.

Lastly, Defense Counsel Bonn asked Alaa M. to describe his current political orientation. Alaa M. explained that he no longer supported Assad due to everything he has learned since 2018/19 and what he has heard in court. This was the final question posed to Alaa M. that day.

Before the proceedings were adjourned, the parties agreed to introduce a translated version of a Human Rights Watch report about Syria by taking cognizance of the wording of the documents (self-reading procedure) [Section 249 (2) German Code of Criminal Procedure]. Judge Koller announced that the [redacted information] police had questioned [redacted name] and that the parties would decide on how to proceed with the introduction of his testimony after the summer break.

The proceedings were adjourned at 1:35PM.

The next trial day will be on August 26, 2024, at 10:00AM.

___________________________

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