Inside the Alaa M. Trial #91: Fall of Assad: Speaking Freely and Fearless for the First Time?

Higher Regional Court – Frankfurt, Germany

Trial Monitoring Summary #91

Hearing Date: December 10 & 12, 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 91st trial monitoring report details days 162 and 163 of the trial of Alaa M. in Frankfurt, Germany. On the first trial day, Mr. Christian Knappmann, a criminal investigator from the German Federal Criminal Police Office (BKA), appeared again as a witness before the Court. He was asked about the police questioning with P40. Mr. Knappmann’s testimony strongly aligned with P40’s.

On the second day, the Court heard testimony from P54, who worked at Al-Mazzeh Hospital with the Accused. Initially, P54 said he could now speak "freely and without fear" about the mistreatment in the hospital because of the fall of the Assad regime. However, when questioned about the Accused, P54 became hesitant. Reluctantly, he admitted he still felt threatened. He revealed that Syrian Intelligence members questioned him in [redacted time] while he was in Syria caring for his sick mother. The officials accused him of referring Alaa M. to German authorities. P54 also disclosed that Alaa M.'s uncle contacted him and that he feared a vendetta from M.’s family against his. The uncle also appeared to know that P54 was to be summoned by the Court, even though P54 had not yet received his summons. This information could have only been given to the uncle by someone who had access to the Court files.

Day 162 – December 10, 2024

The first session this week marked the first hearing following the fall of the Assad regime. Notably, Defense Counsel Al-Agi was absent at the start, prompting Presiding Judge Koller to inquire whether this was related to the latest developments. Al-Agi arrived half an hour later without providing an explanation for his delay. Judge Koller asked Alaa M. if he wished to comment on the recent circumstances, but he declined.

The Court then questioned Mr. Christian Knappmann, a criminal investigator from the BKA, about the police interview he conducted with P40 on [redacted time and location]. Addressing procedural aspects, Mr. Knappmann explained that he was assisted by a colleague and that P40 used an interpreter for more detailed questions. He noted that, although the interview lasted eleven hours, sufficient breaks were taken, and P40 was provided with food and water throughout the session. Mr. Knappmann affirmed that there had been a retranslation and P40, with the help of the interpreter, made additional handwritten comments on the police questioning transcript.

Regarding the content of the interview, Mr. Knappmann informed the Court that, while he recalled the session, he needed to refresh his memory by reviewing the interview transcript. When asked about P40’s professional background, Mr. Knappmann explained that P40 was born and raised in [redacted location], where he studied medicine. P40 completed his medical specialist training at Tishreen, Al-Mazzeh, and Harasta Military Hospitals. Mr. Knappmann recounted that P40 feared and tried to avoid Intelligence Services and other military personnel at Al-Mazzeh Hospital. He also recalled that P40 did not directly witness acts of torture but observed patients who were tied to their beds, blindfolded and visibly injured. P40 was uncertain whether these injuries occurred in the hospital or prior to their arrival. According to P40’s police statement, civilian patients were severely malnourished and dehydrated, receiving inadequate medical care. Additionally, P40 reported hearing screams and possibly smelling corpses, though he was unsure if these were connected to torture at the hospital. Mr. Knappmann described P40’s behavior in Al-Mazzeh Hospital as “willful blindness.”

Judge Rhode asked Mr. Knappmann about P40's relationship with the Accused. Mr. Knappmann recalled P40 saying he met Alaa M. in [redacted time] 2012 when P40 was transferred back to Al-Mazzeh Hospital. P40 remembered Alaa M. was already working there, but he could not specify for how long. Mr. Knappmann testified that P40 stated they occasionally worked together in the operating room but had no personal contact. P40 also mentioned speaking to Alaa M. on the phone two or three times while both were in [redacted location].

The Judges showed Mr. Knappmann documents related to Alaa M.'s medical training and inquired about P40's opinion on their authenticity. Mr. Knappmann recalled that P40 could not verify the content or identify the doctors who signed them, but noted the documents appeared official.

When asked about a possible injury to Alaa M., Mr. Knappmann recalled that P40 mentioned Alaa M. had been struck in the [redacted information] by a [redacted information]. Judge Rhode sought clarification on whether P40 had been involved in treating the wound, as P36 had testified that P40 was part of the operating team. Mr. Knappmann noted that P40 had stated during the police questioning that he was not part of the operating team, thereby confirming P40’s in-court testimony.

Mr. Knappmann recalled P40 stating that he never saw Alaa M. torture or mistreat anyone, nor did he hear his colleagues make such claims. P40 also could not recount that Alaa M. bragged about torturing civilians in Homs. P40 believed Alaa M. was pro-regime because he was from Homs and opposed violence against Christians and minorities. P40 also noted that Alaa M. was wealthy and owned a car. Additionally, P40 mentioned that Alaa M. wore jeans, a coat, and [redacted information] scrubs, never a [redacted information].

No party had further questions. Judge Koller thanked Mr. Knappmann and dismissed him.

The proceedings were adjourned at 11:25AM.

The next trial day will be on December 12, 2024, at 10:00AM.

 Day 163 – December 12, 2024

In the second session this week, the Court heard testimony from [redacted name], P54, a [redacted information] -year-old [redacted information] currently residing in [redacted location]. He was assisted by interpreter Mr. Farrag and lawyer Dr. Mehring-Zier. P54 had a very good command of German. He understood the Judges’ questions in German and, in the beginning, replied to them in German as well.

Judge Koller asked the witness to provide details about his personal and professional background. P54 explained that he was born in [redacted time] and raised in the city of [redacted location]. After completing high school, he pursued medical studies in [redacted location], eventually returning to Syria in [redacted time]. P54 recalled the approximate times and locations of his medical training. He began working at Al-Ber Hospital in Homs from January 2010 to January 2011. Aspiring to specialize in [redacted information], he applied to various hospitals. However, as [redacted information] specializations were highly competitive and his academic performance during medical school was not strong, he secured a position at his least preferred hospital, the Tishreen Hospital in Damascus. He spent a year there, from February 2011 to February 2012. Subsequently, P54 worked at Al-Mazzeh Hospital, also known as Hospital 601, for six months, from February or March 2012 to August 2012. He then spent a few months at Harasta Hospital before transferring back to Al-Mazzeh Hospital in February 2013. In April [redacted time], he fled Syria and began his journey via [redacted locations] to [redacted location]. He is now a [redacted information] citizen.

Asked about his reasons for leaving Syria, P54 explained that the situation in Al-Mazzeh Hospital was horrific and that his colleagues had warned him that the Intelligence Services “were interested” in him. Judge Koller also wanted to know whether P54 had any secondary employments in Syria. P54 affirmed and clarified that he occasionally helped out colleagues in [redacted information] Hospital, [redacted information] Hospital and [redacted information] Hospital.

Afterward, Judge Koller asked P54 to recall how he perceived and experienced the beginning of the Syrian civil war. The first incident that P54 remembered was in March or April 2014, where 50 or 60 dead bodies were delivered to the hospital and taken to the cooling room. In Tishreen Hospital, the most notable changes happened in the middle of 2011. At the time, P54 worked in the heart and general surgery department where he noted that there were two or three patient rooms where five to seven patients were detained. These rooms were guarded by the Intelligence Services personnel and the patients were blindfolded and tied to their beds. They were referred to by [redacted information]. P54 was only allowed to enter the room if accompanied by one of the security guards.

When asked about the hygienic situation in Al-Mazzeh, P54 recalled it was adequate initially but deteriorated by late 2011. A basement room was converted to hold detainees, with restricted access for specific doctors. Although P54 was not permitted inside, he frequently heard screams. He also noted that his medical orders for detainee treatments were often disregarded.

Judge Koller asked if P54 had engaged in political activities. P54 responded that such actions were impossible as they would have led to his detention. However, as a Sunni, he opposed Assad. He testified that while he never attended demonstrations, he provided the opposition with medicine and medical advice over the phone. P54 denied having performed operations for the opposition. Judge Koller referenced P54’s asylum hearing, where he claimed to have left Syria due to involvement with the opposition. P54 clarified that his support was limited to delivering medicine and changing bandages.

Subsequently, Judge Koller asked whether P54 had ever attended a demonstration, which P54 denied. Judge Koller repeated his question and P54 admitted that he attended a demonstration once, during his time at Al-Mazzeh Hospital. He recalled being discovered by a hospital security guard who led him away from the crowd and into the hospital but who did not report him. Judge Koller pointed again to P54’s asylum hearing, in which he had told the interviewer that he attended two demonstrations. P54 replied that it was only once.

The conversation shifted to the treatment of civilian patients at Al-Mazzeh Hospital. Switching to Arabic, with Mr. Farrag translating, P54 described the harsh mistreatment of detainees. He stated they were tortured, beaten, and kicked as soon as they entered the emergency department, comparing their treatment to being used as “footballs.” P54 emphasized that nearly everyone was complicit, including doctors, nurses, cleaning staff, and other hospital personnel. He noted a clear distinction in care. Military patients received top-quality treatment. Civilian detainees, brought in open trucks by armed Security Forces from demonstrations, were treated brutally. Some arrived dead, others injured, and some unharmed, but all were dragged from the trucks and those alive were beaten by hospital staff.

Going into more detail, P54 named one incident in which a patient was beaten to death in the emergency department, but he could not recall why the personnel was so angry at the patient. Judge Koller wanted to know what happened to the other patients. P54 replied that injured patients stayed in the hospital and others were taken away by the Security Forces.

Next, Judge Rhode asked P54 about an incident he had mentioned in his asylum hearing, where syringes were reportedly inserted into patients' lungs. P54 clarified that he had seen thoracic drainages, which are meant to be inserted only one or two centimeters, being pushed much deeper into the bodies of detainees, intentionally causing them pain.

With great specificity, P54 told the Judges about another incident in Al-Mazzeh Hospital. He recounted that a young man, roughly 14-years-old, was taken from the prison to the emergency room by a security guard. The patient had an allergic reaction in his testicles. P54 discussed the case with his superior and, jointly, they decided that the patient was in such good condition that they could give him some medication and send him back to the prison. P54 informed the security guard about the decision. The security guard told P54 that he was tired and wanted to go home. The guard asked P54 if the patient could stay in the hospital overnight and guaranteed that he would pick up the patient the next day. After some back and forth, P54 agreed.

P54 told the Court that he forgot about the incident until a couple days later. The security guard approached him and told him that, when he had gone to pick up the patient the next morning, he had been told that the patient was in the “fridge” now. P54 told the guard that he suspected the patient had been killed. The guard questioned why P54 would say such a thing. In response, Judge Rhode tried to clarify a discrepancy between P54’s Court hearing and his asylum hearing in which P54 told the interviewer that he had heard about the patient’s death the next day. P54 explained that the guard told him he had discovered the patient's death the next morning when he went to pick up the patient. However, P54 only learned about the death a few days later.

Later, Judge Koller asked P54 about death certificates. P54 recalled that the security forces took patients to the hospital that were either dead or at the verge of dying. He described that the detainees showed clear signs of torture, such as open and infected wounds, and looked like the persons in the Ceaser files. P54 told the Court that he was not allowed to treat the patients who were still alive. Instead, the security guards wanted him to issue a death certificate even if the detainees were still alive. The deceased detainees were then brought to the cooling room.

[25-minutes-break]  

After the break, Judge Koller informed the parties that he had met P54 in the cafeteria during the break and asked P54 now to repeat what he had told him. P54 said that this was the first time he could speak freely and without fear because the Assad regime had fallen.

On his own initiative, P54 told the Court that he remembered another incident of mistreatment in Al-Mazzeh Hospital in 2012. P54 was assisting in an operation on a patient with abdominal injuries when his superior instructed him to suture the patient. Noticing a broken bone in the patient's flank, P54 informed his superior, who insisted on suturing the patient’s injury anyway. After the surgery, P54 realized the patient was then paralyzed. P54 testified that his superior had mistreated the patient, assuming he was from the opposition, but it later turned out the patient was from Hezbollah, supporting Assad's forces.

Judge Koller redirected attention to the death certificates and asked P54 what he had been instructed to record as the cause of death. P54 responded that he was obliged to list cardiac arrest as the cause of death, rather than the visible cause, which was torture in the prison. He explained that he was too afraid to reject this directive, as he had heard of a colleague who faced serious consequences for refusing. Judge Rhode referred to P54’s asylum hearing, during which P54 reportedly told the interviewer that he had refused such an order on one occasion, and that the resulting trouble was one of the reasons he fled Syria. P54 replied that he could not recall making this statement but suggested that he might have been referring to the incident with the 14-year-old patient.

Subsequently, Judge Rhode asked P54 to elaborate on the separate department for detained patients. P54 explained that these individuals were kept in an old hospital building next to the doctors’ dormitory. He recounted entering the building two or three times, where he observed approximately 40 to 50 detainees. The detainees were severely injured but received neither medication nor adequate medical assistance. Many were extremely malnourished, wetting and soiling themselves due to a lack of alternatives. They were placed on beds with thin leather mattresses, without pillows or blankets, and sometimes even had to share a bed. Deceased individuals were wrapped in blankets and taken to the cooling room, though P54 was unaware of how they were transported.

The Judges then showed P54 several pictures, which were projected onto the screens in the courtroom and the public gallery. The first image depicted several dead bodies, naked with their underwear pulled down to expose the genital area, lying on a sandy surface. P54 identified the scene as being in Al-Mazzeh Hospital. When asked, he denied ever having been to that specific location within the hospital grounds. Judge Rhode inquired how P54 could recognize the location if he had never been there. P54 explained to the Court that he recognized the parking area visible in the background and that his colleagues had informed him this was where photographs of the deceased were taken.

The next picture showed two men in military uniforms. P54 noted that he recognized their faces but did not know their name. He recounted that they were conscripts and responsible to wrap the dead bodies and carry them “over there.” The following picture showed a sketch that P54 had drawn during his police questioning, illustrating the buildings in Al-Mazzeh Hospital.

Judge Kolller asked P54 if and how he knew the Accused. P54 told him that he met Alaa M. in Al-Mazzeh Hospital. Even though both their families were from [redacted location], they had never met there. P54’s father was Alaa M.’s teacher and Alaa M.’s uncle was P54’s teacher in ninth grade. P54 recounted that Alaa M. was a resident orthopedic doctor and had to take medication because of issues with his kidney.

In the following round of questions, Judge Koller inquired whether P54 had ever witnessed how Alaa M. mistreated a patient. P54 denied this, saying he had never seen but only heard it. Judge Koller pointed to P54’s police questioning in which P54 stated that he had personally witnessed Alaa M. mistreating patients. P54 admitted that he recounted one incident in which several people started beating civilian patients. P54 recalled that Alaa M. was involved in the mistreatment but could not remember what exactly Alaa M. did. Upon further questions, P54 said he was not sure whether he had personally seen or only heard that Alaa M. was involved.

[60-minutes-break]  

After the lunch break, P54 described the scene in which he witnessed Alaa M. involved in mistreatment. He recounted that many people, who were restrained, were brought to the emergency department. P54 explained that these individuals were either detainees from the prison or had recently been detained at demonstrations. He recalled that doctors, nurses, cleaning staff, and other hospital employees participated in the mistreatment of the patients. While P54 was certain of Alaa M.'s involvement, he could not specify whether Alaa M. had beaten or kicked the detainees. However, he told the Court that Alaa M.'s supportive attitude toward the mistreatment was evident to anyone observing the scene. P54 also mentioned hearing rumors that Alaa M. treated patients in his department in a similarly abusive manner.

Following up on this, Judge Koller asked P54 whether he had witnessed the mistreatment only once or multiple times. P54 responded that he had only seen it once, explaining that, as a [redacted information], he was not always present in the emergency department. Judge Rhode then read a passage from P54’s police questioning transcript, where P54 stated that he had seen Alaa M. beat patients repeatedly and regularly in the emergency department during P54’s shifts. P54 sought to clarify that he might have meant that, in one incident, Alaa M. had beaten someone multiple times or had beaten several people. Judge Koller read another excerpt from the transcript, in which P54 told the police that he had witnessed various instances where Alaa M. insulted and beat individuals. P54 reiterated that he may have been referring to Alaa M. delivering multiple strikes to patients during that one incident. He emphasized again that he only saw Alaa M. beat patients once during his shift.

Irritated, Judge Koller emphasized that the police questioning transcript indicated P54 had witnessed several incidents. He then instructed Mr. Farrag to begin translating the Judges' questions into Arabic, a step that had not been necessary before. P54 reiterated that he had only seen Alaa M. beat individuals once during his shift, but he acknowledged that he had witnessed other incidents when he was not working in the emergency department but merely passing by. Judge Rhode pointed out once again that P54 had told the police he had seen Alaa M.’s beatings repeatedly and regularly, but not more than 100 times. Judge Rhode stressed that this contradicted P54’s testimony in court. At this point, P54’s lawyer, Dr. Mehring-Zier, requested a break to confer with her client.

[5-minutes-break]  

After returning to the courtroom, Dr. Mehring-Zier spoke on behalf of her client and explained to the Judges that P54 had made a distinction in his mind between the one time he had seen Alaa M. beat patients during his shift and the other times he had witnessed such incidents while not working. P54 also confirmed that he had seen Alaa M.’s beatings several times. Judge Koller then asked P54 why his testimony had differed before the break. P54 attributed the inconsistency to nervousness or communication issues.

Judge Koller continued questioning P54 about his relationship with the Accused. P54 explained that they occasionally worked shifts together in the emergency department and ate together in the cafeteria. He mentioned that Alaa M. frequently used curse words. Although P54 claimed not to know Alaa M.’s political views, he speculated that Alaa M. was pro-Assad, as he seemed satisfied with the situation at the hospital.

Judge Koller asked P54 if he could elaborate more on Alaa M.’s character. P54 replied that he could not think of something now. Judge Rhode wanted to know whether Alaa M. had been cooperative or selfish. P54 answered that he did not know where Alaa M. lived. Judge Rhode repeated the question, and it was translated into Arabic. P54 evaded the question again, asking for context.

Interrupting the questioning, Judge Koller asked P54 if he truly felt he could speak freely. He wanted to know whether P54 had been contacted by someone who asked him to not reveal much information or to testify positively in court. Reluctantly, P54 admitted he still felt threatened but did not want to elaborate. He said the problem was not Assad and that he was still afraid. The Judges took a break to discuss in their chamber.

[10-minutes-break]  

After having consulted with his lawyer, P54 revealed that the Political Security Department of the Syrian Intelligence Services questioned him in [redacted time] while he was in Syria caring for his sick mother. The officials accused him of referring Alaa M. to German authorities which he said was not true.

Judge Koller recounted the beginning of today’s session, in which P54 had told the Court that P54’s father had been Alaa M.’s teacher. P54 elaborated that Alaa M.’s uncle was his teacher in ninth grade at the Shukri Hilal شكري هلال school. Both families knew each other.

Hesitantly, P54 also disclosed that Alaa M.'s uncle, [redacted name], contacted him. According to P54, the uncle had told him that P54 was to be summoned to court, which, at that time, P54 did not know about. Judge Koller remarked that the uncle could have only received this information from someone who had access to the court file.

The uncle contacted P54 via Facebook Messenger on June 25, 2024. P54 still had these messages and read them aloud, with Mr. Farrag translating. Initially, the messages were extremely friendly, with the uncle recalling his close relationship with P54’s deceased father and stressing how important and valuable P54 was to him. P54 suggested a phone call, allegedly because the uncle had been his favorite teacher. According to P54, the uncle mentioned the accusations against Alaa M. in the phone call. He asked if P54 had received a summons. When P54 denied this, the uncle insisted it could not be true.

Afterward, they continued messaging on Facebook. P54 told the uncle he had only seen accusations online about Alaa M. concerning Homs in 2011 and clarified they had only worked together in Damascus in 2012. The uncle wanted to know whether P54 knew anything about Alaa M. from their time together in Damascus. P54 replied that they worked in different departments and rarely saw each other. The uncle responded that Alaa M. was not the type of person being described and that P54 should understand what the M. family is like, indicating that they were good people. He told P54 that he was like a son to him.

Two days later, the uncle messaged P54 again, asking P54 to delete their messages. The uncle also expressed a desire to see P54 in Syria soon. P54 perceived this as a threat, suspecting the uncle intended to hand him over to Syrian Intelligence. Despite the Assad regime’s fall, P54 feared a vendetta from Alaa M.’s family against his own family.

Judge Koller informed P54 that he could receive protection from German police if there was an ongoing threat in Germany. P54 will need to continue his testimony on the next trial day. He agreed to bring a document evidencing his time in Tishreen Hospital to the next hearing.

The proceedings were adjourned at 3:30PM.

The next trial day will be on December 17, 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