Inside the Alaa M. Trial #85: The First Syrian Female Witness

Higher Regional Court – Frankfurt, Germany

Trial Monitoring Summary #85

Hearing Date: October 1 & 2, 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 85th trial monitoring report details days 153 and 154 of the trial of Alaa M. in Frankfurt, Germany. On the first trial day, a new witness appeared in court. P51 worked with Alaa M. at Homs Military Hospital until the end of 2011 or the beginning of 2012. P51 witnessed several acts of mistreatment at the hospital, including one incident in which several individuals, who were injured but still alive, were ordered to be taken to the cooling room, which was meant for storing dead bodies.

Throughout her questioning, P51 maintained that she had never witnessed Alaa M. mistreat anyone. However, she acknowledged hearing rumors that he was part of an “elimination squad,” which was responsible for organizing torture and executions. P51 described how Alaa M. began to demonstrate his support for the regime and became increasingly arrogant and authoritative. P51 mentioned that Alaa M. was often present in the emergency department, which most doctors typically tried to avoid due to the ongoing mistreatment. Because of his frequent presence, she inferred that he supported the regime and its practices.

On the second day of the week, the Judges questioned witness P51 about other individuals working at the Homs Military Hospital. The Defense also questioned her. Defense Counsel Al-Agi attempted to inquire about potential witness protection measures but was stopped by Judge Koller. Defense Counsel Bonn focused on P51’s asylum hearing transcript, aiming to determine if and how frequently she had participated in demonstrations. P51 refused to answer, citing concerns about the safety of her family members still in Syria. Ultimately, Bonn dropped the question. P51 was then dismissed and was visibly relieved that her testimony had concluded.

Day 153 – October 1, 2024

The first session this week began twenty minutes later than scheduled because the witness arrived late. She apologized and explained that she had been waiting in front of the wrong courtroom. The witness, [redacted name], P51, was contacted by Judge Rohde via telephone in August 2024. During their conversation, she had clearly expressed her unwillingness to testify. [Note: For more details, please see TR #82.] P51 possessed a very good command of German but relied on the assistance of Arabic interpreter Mr. Farrag for longer statements.

At the start of the session, P51 was invited to share some details about herself and provide an overview of her professional career. P51 informed the Court that her family belonged to a Muslim minority, the [redacted information]. She was born in [redacted location], but grew up in [redacted location], where she also graduated from high school and studied medicine. After finishing university, P51 started her medical specialization in [redacted information] at Homs Military Hospital in [redacted time]. She explained the choice of a military hospital because she wanted to stay close to her family. From the beginning of [redacted time] until May or April that same year, P51 was on maternity leave and stayed with her husband in [redacted location]. Either at the end of 2011 or the beginning of 2012, she transferred to Al-Mazzeh Hospital in Damascus for three or four months. Afterwards, she was very scared of the political situation in Homs and decided to transfer to a civilian hospital in [redacted location], where her family came from and where she felt it was safer for people to express their opinion. She stayed there until [redacted time], when she and her child left for [redacted location] to be with her husband. There, the family stayed until April or May [redacted time], when they moved to Germany. After “starting from scratch,” learning German and getting her medical lisence recognized, she started working in a hospital in [redacted location] as a [redacted information].

Judge Koller asked P51 to describe the overall situation at Homs Military Hospital. P51 recounted that when she first arrived, the hospital functioned like any other, although it primarily treated military personnel and their families. However, the situation changed in the spring of 2011. P51 remembered the growing polarization among the staff and an increase in threats and “written reports”. When asked to clarify what she meant by “reports,” P51 explained to the Court that reports were being written at Homs Military Hospital about individuals suspected of being against the regime. Although she did not express her political views and only sought a peaceful solution, a friend informed her that 45 reports had been written about her. P51 speculated that this might have been connected to her father and grandfather, who were more openly expressing their opinions. Despite the reports, nothing happened to her, and she suggested this could have been due to her [redacted information]’s close friendship with the hospital director. She also noted that less and less patients were delivered to the [redacted information] department. She heard that the department had later [redacted information], after she had left the hospital.

P51 recalled a particularly distressing incident in the emergency department, after which she felt “utterly drained.” She struggled to talk about the event. Judge Koller apologized for asking her to revisit such a difficult memory but stressed the importance of the Court hearing the details. P51 explained that she had been called to the emergency department when a large truck carrying many people arrived at the hospital. Standing at the entrance, she saw several individuals piled on top of one another – some alive, some on the verge of death, and others already deceased. P51 described feeling overwhelmed. She asked her colleague, doctor [redacted name], what they should do. He simply laughed and ordered that all the individuals be taken to the "cooling room," which was used to store dead bodies. P51 emphasized that this order included those who were still alive. After this incident, P51 eventually left Homs Military Hospital.

Judge Koller asked P51 to elaborate on the general mistreatment of patients in the emergency department. P51 recalled witnessing detainees being brought to the hospital in large trucks. While she assumed they had been arrested during demonstrations, she was not certain. As soon as the detainees exited the trucks, several hospital employees approached the emergency department to insult and beat them. P51 observed this from a window in the [redacted information] department, which was directly across from the emergency department. However, she did not recall seeing detainees tied up.

P51 recalled seeing three specific incidents in the emergency department herself. On one occasion, a patient was brought in, and a group of 30 to 40 people immediately began beating him. In another incident, she saw a hospital employee pour alcohol over a patient’s wound. She did not recall whether the patient had already been injured before or whether someone cut the patient in the emergency room. In the third accident, she treated a military patient, who had been shot in his thigh. She treated him and talked to him for about 20 minutes. Later, she heard that he had been shot in the head. Judge Rhode asked her if she knew why a military patient might have been treated that way. P51 suggested that military personnel could also defect.

P51 also heard about other forms of abuse. She remembered being told that male doctors with access to the detention facility at Homs Military Hospital would tie up the testicles of young men or boys until the testicles died off. She also heard about employees burning holes in detainees' bodies with cigarettes. P51 emphasized that she was never allowed to enter the detention facilities because she was a woman. However, she noted that everyone knew where the detention facilities were, just as they knew the locations of the laboratory and other departments within the hospital. Although P51 could not always recall who shared each story with her, she emphasized that her circle was small, and the details of these incidents must have come from [redacted name], P15, or [redacted name].

P51 also shared the story of a female nurse named Yusra يسرى, who openly flaunted about torturing patients. Yusra was very religious, held a powerful position in the emergency room, and openly shared her disapproval of the demonstrations. Yusra bragged about [redacted information] patients with [redacted information] and [redacted information] the wounds. P51 noted that it was naive of Yusra to speak so freely about her methods, as she ended up on a "blacklist." This was a list [redacted information]. Ultimately, Yusra was brutally killed by the protestors. P51 emphasized that the opposition was just as violent and extremist as the Assad supporters.

***

[15-minutes-break]

***

Judge Koller inquired whether P51 knew of any additional individuals involved in the mistreatment of patients or detainees. P51 noted that, although she had never witnessed it herself, she heard that [redacted name] was involved in the torture. She observed that he wore a military uniform and occasionally drove away in a military truck. This was particularly surprising to her, as she believed he was a civilian doctor and remembered seeing him in civilian clothing at the beginning.

Then, Judge Koller asked P51 if she recognized the Accused. She confirmed that she did and explained that they were colleagues at Homs Military Hospital, where Alaa M. worked as an orthopedist. While she recalled greeting him, she added that they did not have a more personal relationship. She could not remember any details about Alaa M., such as his family situation or who his friends were in the hospital. Throughout the questioning, she emphasized that she never witnessed Alaa M. mistreat anyone. After being asked about what she heard about Alaa M. from others, she acknowledged hearing rumors about his involvement in torture and “eliminations.” When asked to elaborate, P51 recounted that there was an “elimination squad” at Homs Military Hospital responsible for organizing torture and executions. She was informed by [redacted name] or P15 that Alaa M. was part of this group. When asked if she might have heard this from someone else, she affirmed and mentioned [redacted name] as a possible source. Later, she informed the Court that [redacted name] and his brother [redacted name] were also part of that squad.

P51 also recalled one specific case in which Alaa M. was allegedly involved in the killing of a patient, in collaboration with an anesthetist, but she did not remember any further details about that incident. She speculated that she may have seen the Accused in a military uniform once, although she was not entirely certain. Additionally, she was unsure whether she had ever seen Alaa M. getting out of a military vehicle, but she did remember seeing [redacted name] and brother [redacted name] do so several times, connecting them also to the Intelligence Services. P51 also recounted that Alaa M.’s character changed over time. When she first met him, she found him to be friendly. However, as time went on, he began to demonstrate his support for the regime and became increasingly arrogant and authoritative.

P51 then recollected her memory about a powerful male doctor who had stopped practicing medicine to take on the role of organizing the torture in the hospital. She identified him as [redacted name], although she initially only remembered his last name. Additionally, P51 mentioned [redacted name] as someone involved in the beating of patients. Judge Rhode asked her if she was certain about mentioning this name since the relevant passage had been crossed out in her police questioning transcript. P51 clarified that she had crossed out this information because she had only heard about [redacted name]'s involvement but had never personally witnessed him beating patients.

***

[60-minutes-break]

***

After the lunch break, Judge Rhode apologized for probing further unpleasant topics and explained jokingly that this is what he was getting paid for. This lightened the mood and even the witness laughed.

Judge Rhode engaged in a lengthy inquiry, asking P51 to provide specific facts or incidents that led to her assessment of Alaa M.’s character and of the fact that his character changed. P51 struggled to provide concrete examples, only noting that she saw that Alaa M. was “active” in the emergency department, meaning that he was present more frequently than necessary. She thought that most doctors typically tried to avoid being present in the emergency department, especially given the ongoing mistreatment. However, because Alaa M. was there so often, she inferred that he supported the regime and the torture.

Subsequently, the Judges asked several questions about Alaa M. that P51 could not answer. She was unsure whether Alaa M. had been absent for a period of time. P51 only recalled that the police officer during her police questioning mentioned that Alaa M. might have left the hospital after P51 had already departed. P51 did not see the Accused again in Damascus and did not hear any rumors about him afterwards.

P51 was asked to describe what she knew about [redacted name], who Alaa M. claims falsely accused him. She told the Court that she considered him to be an extremist due to two incidents. First, in the summer of 2011, [redacted name] delivered a speech in a café on the campus of Homs Military Hospital in front of her and several other doctors. P51 recalled that during this speech, [redacted name] expressed his desire to “cut in half” everyone who supported the regime. [Note: P51 clarified more details regarding this incident on Day 154.] Second, according to P51, he posted on Facebook using the term “Nusayriyya” to describe Alawites in a derogatory manner. [Note: The Interpreter, Mr. Farrag, spelled out “Nussairia”.] In response to this, P51 unfriended [redacted name] on Facebook. Judge Rhode then asked P51 if she had ever seen [redacted name] encouraging others to adopt a strict Muslim lifestyle. P51 replied that she did not remember ever observing that.

***

[5-minutes-break]

***

Lastly, Judge Koller asked P51 what she recalled about the cleaning company contracted by Homs Military Hospital. P51 recounted that most of the cleaning staff belonged to the [redacted information] minority. She also remembered that whenever new patients were brought into the emergency room, nearly all the cleaning staff came to the department to participate in the beatings.

Judge Koller thanked the witness and informed her that her questioning would resume the following day, assuring her that the next session would be shorter.

The proceedings were adjourned at 3:20PM.

The next trial day will be on October 2, 2024, at 10:00AM.

 Day 154 – October 2, 2024

During the second session this week, P51’s questioning resumed. At the outset, P51 sought to correct a translation error made by the interpreter, Mr. Farrag, the previous day. While describing [redacted name]'s intentions toward regime supporters, she had used an Arabic word with dual meaning. Farrag had translated it as “cutting them in half.” P51 clarified that while this was one possible interpretation, she understood it to mean “forcing them” to cease supporting the regime. Judge Rhode then asked why those present at the café in 2011 had laughed at that. P51 explained that it was a laughter of hope – hope that the regime's system could be changed. When questioned about the nature of the relationship between [redacted name] and Alaa M., she replied that she was unaware of any connection between them. Judge Rhode also asked whether [redacted name] had ever expressed any extremist or Islamist views. P51 responded with absolute certainty, affirming that he had never shared such opinions.

P51 was then asked about another individual, P12. She recalled that they had worked together in the [redacted information] department and mentioned that he now lived in [redacted location]. P51 explained that she had distanced herself from him, fearing he might be perceived as opposing the regime due to his Sunni background. This prompted confusion from Judge Rhode, who pointed out that, during her police questioning, she had described P12 as a close friend and had expressed confidence in his character. After some discussion for clarification, P51 explained that they had indeed been friends before the revolution. However, after the revolution began, she deliberately distanced herself from him – not due to any personal issue with him, but because she avoided all male colleagues at the hospital, suspecting that they may have been inside the prison and seen things she preferred not to be told about. She also confirmed knowing [redacted name], a former colleague from the [redacted information] department. However, she emphasized that he had left the department before the revolution started, which is why she insisted he would not have any relevant information to share with the Court. Upon the Judges’ last question, P51 recounted that Ammar Suleiman held a powerful position in Damascus. She associated him with the Intelligence Services but never saw him personally.

***  

[10-minutes-break]  

***

Only the Defense had further questions for the witness. Defense Counsel Al-Agi read a part of P51’s police questioning, where she admitted to googling [redacted name] and [redacted name]. He asked why she had searched for them. P51 explained that, because she was traumatized, their names had remained stuck in her memory, and she wanted to find out what had happened to those “criminals.” Al-Agi also attempted to ask about any potential witness protection measures P51 might have discussed or been granted, but Judge Koller prohibited the question.

Defense Counsel Bonn referred to the previous session, where P51 stated she hadn’t seen the Accused in 10 years. He pointed out that it had actually been 13 years and asked whether this discrepancy was due to a lack of concern for accuracy or if she simply did not provide the exact number in her earlier testimony. P51 responded that she did care about accuracy but had not calculated the precise time and had only intended to convey that it had been a very long time since she last saw him. Defense Counsel Bonn then asked what she meant by describing Alaa M. as "active" in the emergency department. P51 explained that Alaa M. was one of the first to respond when new patients arrived, but she never saw him treat or mistreat any patients.

Last, Defense Counsel Bonn read from the transcript of P51’s asylum hearing, where she mentioned having been active in demonstrations. P51 confirmed that she participated in a single demonstration in early 2011. Bonn then asked if she had joined more than once, but P51 declined to answer, claiming a right to refuse testimony. Judge Koller explained that the Defense had the right to ask, as it pertained to whether she had been truthful in her asylum hearing and whether her views on the regime might have influenced her testimony regarding the Accused. Koller also inquired if she had safety concerns about answering. P51 confirmed, revealing that she had heard that a relative of someone who testified against Alaa M. had been arrested in Syria. She added that several of her own family members had been detained by Syrian intelligence, already before she was asked to testify in court. [Redacted information] Judge Koller asked if the arrests had something to do with her summons to the Court, which P51 denied. Defense Counsel Bonn did not press further, stating that her reaction to his question was sufficient.

Judge Koller thanked P51 and expressed his hope that the questioning had not caused further trauma. The witness was dismissed. Visibly relieved, P51 started crying and said she hoped to never have to repeat her testimony again.

The proceedings were adjourned at 11:40AM.

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

___________________________

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