Inside the Alaa M. Trial #93: Identifying the Accused, Accusing the Attorney

TRIAL OF ALAA M.

Higher Regional Court – Frankfurt, Germany

Trial Monitoring Summary #93

Hearing Date: January 13 & 16, 2025

 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 93rd trial monitoring report details days 167 and 168 of the trial of Alaa M. in Frankfurt, Germany. On the first trial day, the Court heard the testimony of P56, who described his son’s arrest in Syria and his visit to the Military Hospital 601 in Damascus, where he found his son detained under brutal conditions. A significant part of the session was dedicated to P56’s identification of the Accused, as well as the Defense’s concerns about potential witness influence by his legal counsel. The Court also discussed the photo array identification process and later deliberated on allegations that P56’s attorney had attempted to influence his testimony.

On the second trial day, the Court examined WhatsApp chat evidence related to the involvement of medical personnel in torture. Linguistic expert, Mr. Farrag, described his translation process and confirmed that some messages contained discussions about suspicions that potassium had been used as a lethal substance. The Prosecution and Defense debated the credibility of the messages and their impact on the case. The session concluded with concerns about missing documentation regarding witness privilege for the Accused’s family.

 Day 167 – January 13, 2025

 In the first hearing of the week, [redacted name], P56, appeared as a witness, accompanied by his legal counsel, Ms. Nahla Osman. Although P56 partly understood German, he primarily relied on the Arabic interpreter, Mr. Farrag, who was also called as an expert witness due to his previous role in translating P56’s questioning by Senior Prosecutor Zabeck. Judge Koller reminded him of his obligations as a witness and questioned him about his background.

At the start of the session, Judge Koller asked P56 to introduce himself and provide his personal and professional background. P56, [redacted information] and a [redacted information] residing in [redacted location], confirmed that he had no connection to the Accused. He testified that he was born in Syria and had worked as a [redacted information] in Damascus before fleeing to [redacted location]. Judge Koller acknowledged his difficult circumstances and expressed appreciation for his willingness to testify despite having recently received distressing news from Syria.

During an earlier police questioning, in which Chief Public Prosecutor Zabeck was also present, P56 was shown a photo array of eight images to identify all individuals known to him. He failed to recognize anyone in seven images but hesitated on one, noting a strong resemblance to a doctor he recalled from 2013. Upon further questioning, he eventually identified image number three. Mr. Farrag confirmed that P56 was required to sign beneath each photo. Defense Counsel Endres objected, arguing that P56 should only confirm recognition without pointing at the images. The Court allowed a second review of the photo array.

Judge Rhode questioned whether P56 had been allowed to browse the images himself. Mr. Farrag clarified that Prosecutor Schlepp controlled the process, presenting each image individually. When asked whether P56 made additional remarks, Mr. Farrag testified that he had not.

[3-minutes-break]

Afterwards, P56, accompanied by his son and legal counsel Nahla Osman, resumed his testimony. His son sat behind him while Farrag continued as interpreter. Judge Koller asked whether the examination should be conducted in German, a mix of German and Arabic, or entirely in Arabic. P56 requested that it be conducted entirely in Arabic.

Judge Koller addressed P56 through Farrag: "We thank you for coming. We understand that you have received distressing news from Syria, specifically the final confirmation of your son's death. We greatly appreciate your presence here, especially under these difficult circumstances."

Following legal instructions, Judge Koller recorded P56’s personal details, confirming his name, age, profession, and residence. When asked about any relationship to the Accused, P56 firmly denied having any connection.

When asked whether he recognized the Accused, the witness initially denied knowing him but later testified that he had seen him once before. He then described an encounter in August 2013 when his son was arrested. P56 recounted receiving a phone call from a man named [redacted name], who claimed that his son was detained in the Palestine Branch in Damascus. [redacted name] suggested that P56 seek help from a man named [redacted name], who lived in the same Damascus neighborhood. Upon visiting [redacted name], his wife, [redacted name], promised to facilitate his son’s transfer to the 601 Military Hospital in exchange for 150,000 Syrian pounds. She claimed that a doctor from the [redacted name] family could ensure this transfer.

Upon arriving at the hospital, P56 was led to a back room where he saw detainees in their underwear, bound to beds. Among them was his son. He described the presence of three medical personnel, one of whom insulted him and proclaimed, "Those who oppose the regime deserve no mercy." According to P56, this doctor was the same individual he later recognized in media reports.

After leaving the hospital, P56 met with [redacted name] again and paid the requested amount. [Redacted name] later suggested that he could obtain a medical report for five million Syrian pounds. P56, unable to afford this, considered selling his house in Homs. Sixteen days later, he received a call from the military unit holding his son. A soldier coldly informed him: "Your son has collapsed."

[8-minutes-break]

Defense Counsel Endres alleged that during a recess, legal counsel Osman and P56’s son attempted to influence his testimony. The Judges deliberated and resumed the hearing, ultimately deciding that Osman would not be relieved of her duties as legal counsel. Judge Koller questioned P56 about whether Osman had spoken to him during the break. P56 initially denied this but later admitted that she had asked if he could see clearly with his glasses. His son had also suggested that the Accused's appearance might have changed.

[31-minutes-break]

After the lunch break, Judge Koller questioned P56 about whether he had seen the Accused’s image in media reports before the trial. P56 confirmed that he had seen trial-related articles on Facebook and Al Jazeera but insisted that his identification was based on memory. He also admitted that [redacted name] had provided the Accused’s name shortly after his hospital visit, claiming she had a relative working there.

Judge Rhode presented a photo of a younger Alaa M. and asked whether P56 recognized it. P56 confirmed that he had seen this image before. Additional photos of three doctors were shown, but the witness only identified the Accused.

[20-minutes-break]

At the conclusion of the session, Endres criticized the influence of media coverage on the proceedings. Judge Koller thanked interpreter Mr. Farrag for his assistance.

The proceedings were adjourned at 1:30 PM.

The next trial session is scheduled for January 16, 2025.

 Day 168 – January 16, 2025

The session began with Judge Koller reading two reports from the German Federal Criminal Police Office (BKA) regarding a WhatsApp chat involving P52. Additional reports from the Wolfenbüttel Police Department were also presented, detailing how the chat logs were secured by the IT department.

Interpreter Mr. Farrag, who translated the chats, was questioned as a witness but ultimately not sworn in. He was asked to explain his translation process, which involved organizing the chats into three columns: date and time, sender’s name, and the Arabic text alongside its German translation. Audio messages were translated directly into German in a separate column. Farrag clarified that only case-relevant messages were translated, while personal or unrelated content was excluded at the request of P52.

The first part of the chat analysis covered messages from May 9, 2019, to October 2, 2023. The second part, spanning from September to December 2024, was described by Farrag as shorter but significantly more detailed. Due to its complexity, the Court scheduled its discussion for trial day 151.

Judge Rhode asked Farrag whether the translations were done verbatim. Farrag confirmed that he transcribed them exactly as they appeared, preserving grammatical errors and dialectal variations.

The Court reviewed key chat excerpts between P52 and [redacted name], which discussed mass graves, execution methods, and the role of medical personnel. P52 had asked [redacted name] to provide photographic or video evidence of vehicles transporting corpses to mass graves, as well as the identities of those involved in these operations. [Redacted name] described in detail how detainees were kept in hospital morgues before being transported – often after being tortured or executed. [Redacted name] added that many victims were members of the Free Syrian Army and that their bodies were never returned to their families.

Further messages referenced specific instances of torture at Homs Military Hospital. [Redacted name] described how patients who arrived in seemingly good health were often found dead a few days later. He also recounted how doctors sometimes participated in the mistreatment of detainees, citing an incident in which a flammable disinfectant was poured onto a detainee’s genitals before being ignited. P52 pressed [redacted name] for further details regarding Dr. Alaa M.'s alleged involvement in such practices.

Another significant aspect of the chat logs was a discussion on the Assad regime’s methods of suppressing dissent. [Redacted name] explained how hospitals functioned as extensions of the security apparatus, where wounded demonstrators and opposition members were often eliminated rather than treated. He detailed one case in which a man was arrested simply for failing to show respect during a military funeral and was subsequently interrogated. [Redacted name] also noted that medical staff who objected to these actions were warned against interfering and reminded of their duty to the regime.

Further exchanges between P52 and [redacted name] indicated attempts to track Alaa M.'s movements in Germany. [Redacted name] also forwarded an article from the London-based Palestinian newspaper Al-Quds al-Arabi, featuring a photograph of Dr. [redacted name] – another doctor accused of torture and killings – standing alongside Syria’s former First Lady, Asma al-Assad. P52 and [redacted name] discussed [redacted name]’s role in the Syrian military hospital system and his alleged participation in human rights violations. [Redacted name] shared links to online sources suggesting possible locations where Alaa M. might be working, though he noted that Alaa M.'s social media accounts had been deactivated, making verification difficult.

[23-minutes-break]

The session concluded with further discussions on digital evidence. Judge Koller reprimanded the Accused for failing to submit a signed waiver from his wife and parents regarding relatives’ right to refuse testimony.

The proceedings were adjourned at 12:00PM.

The next trial session is scheduled for January 23, 2025, at 10:00AM

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