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Inside the Alaa M. Trial #86: “Dirty Work”

Inside the Alaa M. Trial #86: “Dirty Work”

Higher Regional Court – Frankfurt, Germany

Trial Monitoring Summary #86

Hearing Date: October 10, 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 86th trial monitoring report details day 155 of the trial of Alaa M. in Frankfurt, Germany. On this trial day, Mr. Deußing, Head of Investigations at the Federal Criminal Police Office (BKA), appeared again. He was first asked to recall the police questioning of P51, where he mainly affirmed what P51 had testified in court. Mr. Deußing was then asked about [redacted name], P52, who was the first person in Germany to bring Alaa M.'s possible involvement in crimes at Homs Military Hospital to the attention of German authorities.

The interpreter, Mr. Farrag, was called to testify as a linguistic expert. He translated chats between P48 and P35 and between P49 and [redacted name]. Mr. Farrag then translated an official Syrian document dated July 21, 2014. The document endorsed the recognition of Alaa M.'s initial training stations in Homs and his first successfully passed exam. It also included a reference to Alaa M.’s alleged injury in his [redacted information]. Judge Koller asked Mr. Farrag about time references in Arabic chat messages, and Farrag confirmed they are often used loosely. Lastly, Mr. Farrag explained the usage of the word “Al-Aghrar.” He stated that it is commonly associated with individuals starting a military career, as they were often tasked with the most challenging duties. Alaa M. interrupted, exclaiming it meant “dirty work.”

Day 155 – October 10, 2024

In this week’s sole session, Mr. Deußing, Head of Investigations at the Federal Criminal Police Office (BKA), testified once more before the Court. The session began with Mr. Deußing being asked to summarize the police questioning of witness P51, which took place on [redacted time]. [For more details on P51's court testimony, see Trial Report #85.] Mr. Deußing recalled that the interview started under difficult circumstances, as P51 clearly expressed her reluctance to testify in court and firmly stated that she had never witnessed Alaa M. mistreating anyone. Despite her initial hesitance, P51 ultimately agreed to speak to the police that day.

Mr. Deußing then recounted details of P51’s career. She had worked at the Homs Military Hospital before transferring to Al-Mezzeh Hospital in late 2011 or early 2012, until eventually leaving Syria altogether. According to Mr. Deußing, P51 left Homs after she had been made aware of reports about her and after she had received a threatening phone call in which she was warned to “keep her mouth shut.” Mr. Deußing also noted that P51 mentioned a change in Alaa M.’s behavior after the beginning of the conflict, noting that he seemed to be "always on a mission" and targeted victims of the conflict.

Judge Rhode then sought clarification on how many times P51 had seen Alaa M. in military uniform. Mr. Deußing reported that P51 was unsure about the exact number and point in time but was certain she had seen him in uniform at least twice. Judge Rhode also asked about several names P51 had pointed at during the court proceedings, and Mr. Deußing confirmed that these same names were mentioned during her police questioning. When asked whether P51 had observed signs of radicalization in [redacted name], Mr. Deußing affirmed this, noting that P51 had indicated [redacted name] became more religious after leaving the hospital.

Judge Rhode referenced a section from P51’s police interview in which she had stated that Alaa M. was “not as bad as other doctors.” He asked whether Mr. Deußing believed P51 might have been trying to protect Alaa M. Mr. Deußing acknowledged that this interpretation was possible but clarified that P51 had made this comparison in light of a particularly disturbing incident involving another doctor, [redacted name], who ordered injured individuals to be taken to the cooling room, dedicated to storing dead bodies.

** *  

[10-minutes-break]  

***

 After a brief recess, Mr. Deußing was asked to provide further details about [redacted name], P52. He explained that P52 was the first person to implicate Alaa M. in relation to crimes committed at Homs Military Hospital. According to Mr. Deußing, during P52's asylum hearing in October [redacted time], he stated that he had visited a family member at Homs Military Hospital and witnessed acts of mistreatment. Following this, Mr. Deußing continued, P52 was interviewed by the Regional Criminal Police Office (LKA) in [redacted location] in [redacted time]. Mr. Deußing recalled that after this initial questioning, P52 contacted the LKA investigator again and specifically mentioned Alaa M. as being involved. Shortly after, P52 was called in for a second round of questioning by the same LKA office. During this session, according to Mr. Deußing, P52 stated that he had heard accusations against Alaa M. from [redacted name].

Judge Rhode read from a memorandum by the Federal Prosecutor General (GBA), summarizing evidence from Facebook screenshots provided by P52. The evidence included a photo array with Alaa M. and posts accusing him of torturing patients, including allegations that he burned a patient’s genitals. No further questions were asked, and Judge Koller thanked and dismissed Mr. Deußing.

The interpreter, Mr. Farrag, was then called to testify as a linguistic expert. He presented his translation of a chat between P48 and P35. [The original Arabic screenshots and the German translations were displayed in the courtroom and visible to the trial monitor. The chat had been previously discussed in week 82 during P48’s testimony. Prior to that hearing, P48’s lawyer had submitted the screenshots to the Court. For more details on P48's testimony, see Trial Report #82.]

Mr. Farrag read excerpts of his translation from the November 2011 chat, which were saved on P48’s Facebook account. In this conversation, P48 informed P35 of Alaa M.’s move to Damascus, and P35 expressed concern that the peace and quiet would soon be over. According to Mr. Farrag’s translation, P35 also asked P48 to send a Facebook friend request to Alaa M. and leave a "loving" comment on Alaa M.’s post in January 2012.

The next chat Mr. Farrag translated was dated September 10, 2023, in which P35 considered deleting some messages from the November 2011 exchange. P48 responded that he would keep the messages to preserve their credibility, expressing concern that “they” might track deletions. He concluded that keeping the messages could be beneficial to “him.”

The chat contained numerous curse words, which Mr. Farrag was uncomfortable reading aloud. Judge Koller intervened, saying they had already read the key parts aloud and that the Judges and other parties would review the full written translation on their own. All parties agreed. Mr. Farrag then read out the same conversation as it appeared on P35’s Facebook account, which was significantly shorter.

** *  

[20-minutes-break]  

***

Mr. Farrag then read his translation of a chat between P49 and [redacted name]. Screenshots of their messages, along with a video recording of exchanged voice messages, had been submitted to the Court by P49’s lawyer. [The screenshots and translations were, again, displayed on the screen and visible to the trial monitor. This chat had been discussed earlier in week 83 during P49’s testimony. For more details, see Trial Report #83.]

According to Mr. Farrag’s translation, [redacted name] contacted P49 on June 26, 2020, asking if he had worked at Homs Military Hospital and if he knew Alaa M. P49 confirmed, stating that he had seen Alaa M. beating patients and informed [redacted name] about the metal rods incident. A few weeks later, P49 messaged [redacted name] again, saying he had received a police summons and asked if [redacted name] had provided his name to the authorities. [Redacted name] responded with voice messages, advising P49 to attend the questioning and to tell the truth, provided it didn’t put him in danger. [Redacted name] also assured P49 that he had not given his name to the authorities, stating that he would never do so without the person's consent.

Mr. Farrag then read his translation of an official Syrian document dated July 21, 2014. The document was addressed to the Syrian Minister of Health and signed by Prof. Dr. Younes Kablan يونس قبلان, Director General of the Specialist Medical Training Unit. In it, Prof. Kablan endorsed the recognition of Alaa M.'s initial training stations in Homs and acknowledged his successful completion of his first exam. Additionally, the document referenced an incident in which Alaa M. left Martyr Yousuf Al-Azma Hospital [i.e. Al-Mazzeh] in Damascus and was [redacted information] in his [redacted information].  [Only the original Arabic document was displayed on the screens in the public gallery, not the German translation. Due to the speed at which Mr. Farrag read the translation, the trial monitor was unable to capture the full content of the document.]

Judge Koller then asked Mr. Farrag about the accuracy of time references in Arabic chat messages. [This topic had previously arisen in weeks 81 and 82 when the Judges reviewed Alaa M.'s Facebook messages to friends, in which he announced his arrival in Damascus “10 days ago.” In the following trial week, Alaa M. provided a statement indicating that Syrian Arabic speakers often use time references more loosely. For more details, see Trial Report #81 and Trial Report #82.] Mr. Farrag confirmed that the phrase "10 days" did not precisely indicate a strict count but could also refer to 8, 9, 11, or 12 days. Asked by Defense Counsel Bonn if it could also refer to 13 days, Mr. Farrag smiled and replied that some people might even understand it that loosely.

Lastly, Mr. Farrag explained the usage of the word “Aghrar أغرار.” He informed the Court that he had researched the term and found reliable sources indicating that its root stem was “ghurra غُرّة”, which translates to “beginning.” He noted that the word was originally used to describe individuals taking up a duty in uniform, such as soldiers, police officers, firefighters, and even scouts. Over time, it became more commonly associated with those starting a military career, as they were often tasked with the most challenging duties. Alaa M. interrupted, exclaiming it meant “dirty work.” Mr. Farrag acknowledged that while he preferred not to use that term, it did capture the essence of the meaning. Judge Rhode then inquired whether the word could also be used in a figurative sense. Mr. Farrag confirmed that it could.

No one else had questions for Mr. Farrag. Judge Koller thanked and dismissed him.

The proceedings were adjourned at 12:40PM.

The next trial day will be on October 31, 2024, at 10:00AM.

___________________________

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