Inside the Alaa M. Trial #88: A Little Bird Told Me
Higher Regional Court – Frankfurt, Germany
Trial Monitoring Summary #88
Hearing Date: November 5 & 7, 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 88th trial monitoring report details days 157 and 158 of the trial of Alaa M. in Frankfurt, Germany. On the first trial day, P52, a former [redacted information] in the Syrian Republican Guard, provided his testimony. P52 recounted that, during a visit to Homs Military Hospital, he personally observed injured civilians restrained with metal chains and blindfolds, some of whom appeared to die shortly after receiving injections from hospital staff. Additionally, P52 shared that he had received further information from [redacted name], who Alaa M. claims falsely accused him. Through phone calls and voice messages, [redacted name] passed along information on other incidents of abuse to P52, including one in which Alaa M. allegedly burned a civilian’s genital. P52 took written, allegedly verbatim, notes on [redacted name]’s statements.
On the second day this week, P52’s testimony continued. Based on [redacted name]’s accounts, P52 named several doctors involved in the alleged torture at Homs Military Hospital. P52 recounted that [redacted name] had told him about two incidents where doctors or military personnel beat patients who had just undergone long operations. Judge Rhode questioned P52 about statements attributed to [redacted name] that could not be found in P52’s notes on [redacted name]’s statements. The Judges and Defense inquired about [redacted name]’s willingness to testify personally in court.
Day 157 – November 5, 2024
In the first session of the week, the Court heard testimony from [redacted name], P52, a former [redacted information] in the Syrian Republican Guard. [Note: P52 was previously mentioned on Trial Day 155. For more details, please see Trial Report #86.] Now [redacted information] years old, P52 currently works as an intern in Salzgitter. His testimony was supported by the Arabic interpreter, Mr. Farrag.
At the beginning of the session, P52 provided background information about himself and an overview of his military career. He stated that he was born in [redacted time] in [redacted location], Syria, and later moved to [redacted location]. After completing his higher education entrance qualification, he began studying law but had to terminate his studies due to financial difficulties. In [redacted time], he enrolled in the military academy, graduating three years later with honors, which led to his selection for the Syrian Republican Guard. He ultimately attained the rank of [redacted information].
When asked about his military supervisors, P52 clarified that before 2010, his supervisor was [redacted name]. In response to Judge Koller’s question, he denied knowing [redacted name], P1. P52 went on to explain that after 2010, he served as an instructor at the military's tank training institution in [redacted location] under the supervision of [redacted name].
P52 was also questioned about his relationship with President Al-Assad. He confirmed that his position in the Republican Guard included contact to Al-Assad at official events but stressed that he had no personal relationship with the president beyond these formal encounters.
** *
[5-minutes-break]
***
P52 was next asked to share his experience with the Syrian conflict and his position towards the regime. He described the early demonstrations as peaceful and unarmed. P52 recounted that President Al-Assad established a crisis unit composed of high-ranking politicians and military officials to find solutions to the escalating situation. P52 stressed that this crisis unit advised Al-Assad against using military force on the civilian population; however, Al-Assad disregarded this counsel. P52 expressed strong disapproval of the regime’s actions, noting that various types of military weapons, including chemical weapons, were used against civilians. He added that the Republican Guard was also instructed to act against the protesters, although he remained stationed at the military training institution at the time.
P52 recalled a particularly intense clash between Syrian armed forces and civilians in the Shibani region, during which numerous civilians and military personnel lost their lives, including Brigadier General Rajeh Mahmoud راجح محمود. This event was pivotal for P52, ultimately prompting him to leave the military. On [redacted time], 2012, he fled to [redacted location] with his family. After hiding in [redacted location] for three years, he went to Turkey, took the sea route to Greece, and arrived in [redacted location] in [redacted time].
When asked about his religious affiliation, P52 replied that he is a Sunni. Judge Rhode inquired if this had created specific challenges for him in the military. P52 confirmed, explaining that the majority of military leaders were Alawites, which he felt limited his potential for advancement. As a Sunni, he believed he had no opportunity to rise above the rank of [redacted information]. At this point, Judge Koller interrupted the questioning to reprimand a spectator in the public gallery for wearing a hat.
Judge Koller then asked P52 to detail his personal observations in Syrian military hospitals, urging him to distinguish between what he directly witnessed from what he may have heard from others. P52 recounted one incident that took place in Homs Military Hospital in either [redacted time] or [redacted time] 2012. He had visited the hospital to see a relative who had been injured in combat, suffering wounds to his lung and shoulder. Hospital personnel informed P52 that his relative was being kept in the “operating room.” A brief discussion ensued regarding P52’s use of the term “operating room” and whether actual surgeries occurred there. P52 clarified that he was referring to a room where patients were held post-surgery, prior to transfer to standard patient rooms.
P52 described taking the stairs to the third floor. On his left, he saw about ten civilians lying on the floor, possibly deceased, with blood covering the area. He turned right toward the operating room but was stopped by a guard in uniform, who told him that hospital leadership had restricted access to the room. However, due to P52’s higher military rank, the guard reluctantly allowed him inside, cautioning him to be quick to avoid getting the guard in trouble.
Once inside, P52 saw military patients, including his relative, on beds along the right side of the room. Civilian patients, however, were restrained on the left side, tied to their beds with metal chains and blindfolded. P52 observed a nurse giving injections to three or four of these civilians. His relative asked P52 what he thought those injections were. P52 replied that they must be medicine. His relative disagreed, explaining that he had witnessed this routine for three days: following each injection, the civilian patients died within 10 to 20 minutes, after which their bodies were removed and replaced by other civilians. The relative suspected the injections contained toxins and were provided by the regime.
Judge Koller asked P52 if he knew the charges, if any, against the civilian patients. P52 responded that there were no formal accusations against them and that their detention was based solely on the fact that they came from regions where hostilities were occurring.
** *
[30-minutes-break]
***
The Judges asked the witness to draw a sketch of the hospital and the operating room to help clarify specific details. Using the sketch as a reference, P52 began to add information about other incidents he heard had taken place at Homs Military Hospital. When asked who had provided him with this information, P52 identified the source as doctor [redacted name], the person who Alaa M. claims falsely accused him.
P52 explained that he knew [redacted name] because they were [redacted information] and were possibly [redacted information], though they had minimal contact due to their [redacted information]. They saw each other only occasionally, maybe [redacted information], at major gatherings like weddings or holiday celebrations. P52 had learned that [redacted name] had spoken to the media about what he had witnessed at Homs Military Hospital, likely in or after 2012, when P52 was already in [redacted location].
P52 was initially questioned by the Regional Criminal Police Office (LKA) in [redacted time] about his experience in Homs Military Hospital which he had described during his asylum hearing with the Federal Office for Migration and Refugees (BAMF). After giving his statement, P52 contacted [redacted name] to inquire more details about [redacted name]’s experiences at the hospital. The Judges pointed out an inconsistency: during P52's initial police questioning in [redacted time], he claimed not to know the names of any potential witnesses, yet he later contacted [redacted name] and provided his name and information to the police in [redacted time]. P52 was unable to clarify this discrepancy, repeatedly insisting that he had, in fact, given [redacted name]’s name to the police.
** *
[60-minutes-break]
***
After the lunch break, P52 was asked to elaborate on his communication with [redacted name]. He explained that he first contacted [redacted name] following his initial police questioning in [redacted time]. P52 then communicated with [redacted name] by phone and also received several voice messages from him. P52 took written notes on [redacted name]’s statements and later submitted these notes to the police. Judge Koller asked if P52 would allow the German Federal Criminal Police Office (BKA) to access the voice messages, which he still had on his phone. P52 agreed.
P52 further testified that he was currently in contact with [redacted name], admitting that they had spoken by phone in the days leading up to P52’s testimony. When Judge Koller asked if he had [redacted name]’s address, P52 replied that he did not, though he believed he could obtain it. P52 also informed the Court that [redacted name] had mentioned he could not come to Germany due to “pressure” but was willing to speak with the Frankfurt Judges in Turkey. Upon Judge Koller’s request for clarification on the nature of this pressure, P52 suggested that it might arise from the [redacted location] government.
Judge Koller then asked P52 to share what [redacted name] had told him about Homs Military Hospital. P52 briefly recounted that [redacted name] had mentioned an incident in which Alaa M. allegedly burned the genital area of a civilian patient. According to P52’s recollection of [redacted name]’s account, Alaa M. had [redacted information]. However, no follow-up questions were asked on this allegation, and Judge Koller instead inquired about [redacted name] and [redacted name].
In response, P52 described an incident [redacted name] had shared with him on the phone, the day before P52’s testimony in court, involving a civilian brought to the hospital by security forces. This civilian, dressed in a [redacted information] and appearing to be a [redacted information], was ordered by [redacted name] to be taken to the operating room. When the civilian protested, saying, “[redacted information],” he was nonetheless forcibly taken there. According to P52, [redacted name] had told him that he wanted to enter the operating room because it was [redacted information]. However, he was denied entry and sent away. Because he had a bad feeling about the situation, he stayed close to the operating room. About 15 minutes later, [redacted name] exited the room and told the nurses the man had died of [redacted information]. According to [redacted name], this seemed highly unlikely, as the man had appeared healthy and had been [redacted information] shortly before.
Judge Koller asked why [redacted name] had brought up this incident again during their call the previous day, considering that it had already been reported to the police in [redacted time]. P52 explained that he sometimes forgets details and wanted to ensure the information he provided to the Court was accurate. Judge Rhode then inquired about the level of details in P52’s notes, pointing out that in his police statement, P52 had included a quote from the man in the [redacted information] that was missing from his notes. P52 could not clarify this discrepancy but insisted that [redacted name] had indeed mentioned the man’s quote. Judge Rhode also referenced P52’s prior police interview transcript, where he had stated that the man in the [redacted information] had died from [redacted information]. P52 responded that this was essentially the same thing and added that [redacted name] suspected the man had been killed with a [redacted information].
Judge Koller thanked P52 and asked him to continue his testimony in this week’s next session.
The proceedings were adjourned at 3:15PM.
The next trial day will be on November 7, 2024, at 10:00AM.
[After the session was adjourned, there was a discussion on how P52 could provide [redacted name]’s voice messages to the Court. Judge Koller noted it would be simpler if [redacted name] testified in person. At this point, Judge Adlhoch asked the trial monitor and another spectator to leave the public gallery, saying “the proceedings had been adjourned.”]
Day 158 – November 7, 2024
In the second session of the week, the Court briefly heard from Mr. Karim, P53, an interpreter from the Regional Criminal Police Office (LKA), who assisted P49 during the police questioning on [redacted time]. [Note: For P49’s testimony, see Trial Report #83]. The Judges sought to clarify differences in interpretation regarding P49’s use of the term "metal rods" [German: Schiene] in his testimony. However, P53 did not recall the details of the questioning or the specific Arabic word P49 used to describe the metal rods, and he was dismissed shortly thereafter.
Before P52 resumed his testimony, interpreter Mr. Farrag summarized a YouTube video that P52 had sent to the Court. Mr. Farrag explained that the video, sourced from a Saudi Arabian news channel, featured a patriotic speech by the commander of the Republican Guard, Mr. Dayyar ديار, delivered after an opposition town's destruction. In the speech, Mr. Dayyar announced the creation of a special unit to combat opposition forces, comprising elite military personnel and advanced weaponry. Judge Koller concluded that the video was not directly relevant to the Accused’s alleged conduct.
P52 then continued his testimony, beginning with a correction to the testimony he made earlier in the week. He clarified that the operating room where he visited his relative was not the same as the emergency operating room where [redacted name] had allegedly killed the man in the [redacted information]. When asked on Tuesday if these were the same rooms, P52 began doubting his memory and later consulted [redacted name] to clarify. In response to Judge Koller’s question, P52 confirmed that [redacted name] had sent him additional voice messages since Tuesday’s session. Judges Koller and Rhode joked that this provided even more material for the BKA to review, with Judge Koller criticizing [redacted name] for relaying information indirectly through P52 instead of directly to the Court.
Judge Rhode continued questioning P52 about the incident [redacted name] had described in which the Accused allegedly burned a patient’s genitals. P52 added that [redacted name] and [redacted information] had tried to extinguish the flames. Judge Rhode asked P52 if he was certain that [redacted information] extinguish the fire, as P52 had previously stated in the police questioning that [redacted information] [redacted name] attempted to put it out. P52 clarified that he recalled [redacted name] telling him [redacted information] had tried to extinguish the flames. At this point, Judge Koller interrupted to reprimand a spectator in the gallery for not sitting up straight. Judge Rhode then asked how P52 could be certain that [redacted information] involved in extinguishing the fire, noting that this detail was absent from P52’s handwritten notes. P52 replied that he distinctly remembered [redacted name] mentioning it to him.
Judge Rhode next asked what [redacted name] had told P52 about the Accused. P52 recounted that [redacted name] had said Alaa M. was [redacted information], was [redacted information] years older than [redacted name], and that they worked together at Homs Military Hospital for an unspecified time in 2011 and 2012. When asked if [redacted name] mentioned other staff involved in mistreating patients, P52 emphasized that [redacted name] had noted most doctors were [redacted information] in torture or killing, and that a group of about [redacted information] doctors participated in these crimes. According to [redacted name], the most brutal was [redacted name], while Brigadier General [redacted name] was the most powerful, with all mistreatments occurring under his authority; he was always [redacted information] and [redacted information]. P52 added that [redacted name] had also identified doctors [redacted names] as involved. [Redacted name] reportedly told P52 that Alaa M. “[redacted information]” this group [redacted information] the others.
P52 then provided the Court with the name of Brigadier General [redacted name] as a potential additional source, explaining that he oversaw the [redacted information] and could offer substantial information about this aspect of torture at Homs Military Hospital.
P52 was then asked if he recalled anything about particularly long operations. P52 recounted an incident [redacted name] had heard about, though not witnessed firsthand, involving a patient brought to Homs Military Hospital with [redacted information]. After surgery, led by doctor [redacted name], the patient began to regain consciousness and muttered, "[redacted information]." Enraged, [redacted name] shouted, "[redacted information]," then [redacted information] the patient to the floor and [redacted information] on his wound.
Judge Rhode reminded P52 of a similar incident he had previously mentioned in the police questioning, involving a patient who, [redacted information], was tortured by military personnel, prompting a doctor to [redacted information] [redacted name]. After a moment, P52’s memory returned, and he confirmed [redacted name] had told him about it. He added that, following the [redacted information], the hospital director gathered all the doctors and instructed them [redacted information] inside the hospital.
** *
[25-minutes-break]
** *
After the break, Judge Rhode asked P52 to elaborate on the relationship between [redacted name] and Alaa M. P52 vaguely described their relationship as cooperative and respectful, with no hostility. When asked why he mentioned the absence of hostility and whether there had ever been a conflict between [redacted name] and Alaa M., P52 avoided the question and instead spoke generally about the animosities between different religious and cultural groups in Syria. He added that [redacted name] had expressed confusion over why Alaa M. began spending more time with [redacted information] and why there were [redacted information]. In response, the Judges showed him a photo array of three men, Alaa M., [redacted name] and [redacted name]. P52 confirmed that this [redacted information] [redacted name] had been talking about.
P52 was asked whether he knew or had heard if [redacted name] had ever actively joined the opposition and participated in hostilities with weapons, which P52 denied. He was then shown screenshots from [redacted name]’s Facebook account, depicting him carrying arms and posing with opposition members. P52 appeared perplexed and emphasized that he had never seen these pictures before, questioning whether it was actually [redacted name] in the photos.
The Defense then began questioning the witness. Defense Counsel Bonn asked if P52 knew whether anyone had confronted Alaa M. after the alleged burning of the patient's genital area. P52 stated he had no information on this. Bonn also inquired about P52’s perception of [redacted name]’s willingness to testify in court. P52 confirmed this but explained that [redacted name] feared the [redacted location] government and would only be willing to meet the German Court members at his home in [redacted location]. Judge Koller interjected, clarifying that there was an ongoing request for mutual legal assistance in [redacted location], expected to take until at least September 2025. The Court hoped to obtain [redacted name]’s summonable address in [redacted location], which P52 agreed to provide after the session.
Defense Counsel Al-Agi asked about the timeframe in which [redacted name] and Alaa M. worked together, but P52 did not know. Judge Rhode then asked P52 to estimate the age of the patient with the alleged burned genitals. P52 inferred the patient was likely a [redacted information], as most of those brought in from the demonstrations were of that age.
Alaa M. also addressed the witness, asking if the notes P52 made of [redacted name]’s voice messages were handwritten. P52 confirmed this, and Alaa M. expressed confusion upon seeing typewritten dates on his copies of P52’s notes. Judge Koller reassured him, explaining that P52’s notebook contained pre-printed dates, and that the BKA would review [redacted name]’s voice messages. Finally, Alaa M. asked about the color of the [redacted information] worn by the [redacted information] in a previous incident, to which P52 replied that it was [redacted information].
Judge Koller thanked and dismissed the witness.
The proceedings were adjourned at 1:11PM.
The next trial day will be on November 12, 2024, at 12:30AM.
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