Inside the Mohammad A. and Asmael K. Trial #1: An Overview of the First Sessions
Higher Regional Court – Düsseldorf, Germany
Trial Monitoring Report: Summary of Reports 1-9
Hearing Dates: April 30, 2024, to August 9, 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. This report is a summary of trial reports 1-9 providing the background of the case and details from six hearings. SJAC started monitoring the trial comprehensively in week ten of the proceedings. See Trial Report #10 and the following.]
SJAC’s first trial monitoring report lists brief details of the first days of Mohammad A. and Asmael K.'s trial in Dusseldorf, Germany. During the sessions from April 30 to August 9, 2024, the Court heard legal experts and witnesses from the same region where the two Accused were active. Several witnesses testified on important events related to the case.
Trial Background
On 8 December 2023, the Federal Prosecutor's Office in Germany charged the two Syrian nationals who live in Germany, Mohammad A. and Asmael K., with membership in one or more foreign terrorist organizations, murder, taking hostage resulting in death as war crime, and murder as war crime allegedly committed in Syria [For more details, see the press release by the Prosecutor from December 22, 2023].
The indictment states:
"Since the end of April 2011, the Syrian regime has used brutal force against its opponents, worked to stop the protest movement that broke out against it using security forces, and began to intimidate Syrians. Tensions in the country quickly escalated and turned into a full-scale civil war.
In the fall of 2012, Mohammad A. founded an opposition battalion of 50 members and then merged with the Ahfad Ar-Rasul terrorist brigades, which aimed to overthrow the regime in Syria, and to achieve this goal, it carried out attacks on state facilities.
As the commander of his battalion, A. planned an attack on a security force building in the Yarmouk area of Damascus.
At the end of 2013, A. joined the terrorist group "ISIS", was closely associated with the local leaders of "ISIS", and led 200 members of the group as an "Emir" (commander).
The second Accused, Asmael K., joined "ISIS" in Damascus in 2013, and contributed to the kidnapping of two opponents of "ISIS" on two separate occasions, in Damascus, and detained victims in ISIS-affiliated centers, before they were executed in mid-January 2014, along with 10 other prisoners.
Asmael K. took part in the arrest of one of the victims, also guarded the 12 prisoners at the execution site, and shot at least one person.
Mohammad A. was arrested on March 8, 2023, Asmael K. on March 20, 2023, and both remain in custody.
Day 1 – April 30, 2024
The session began with the account of the German Federal Criminal Police Office (BKA) investigator. He explained how the evidence the BKA had obtained provided sufficient proof that the two Accused had left the Free Syrian Army (FSA) to join ISIS.
It became clear that the Syrian Center for Media and Freedom of Expression (SCM) provided the police with several pieces of information related to this case, and the investigator explained how the Violations Documentation Center in Syria (VDC) merged with the SCM.
When the investigator was asked about other organizations from which the police obtained information related to the case, he mentioned the International, Impartial and Independent Mechanism (IIM). The Judges also asked about SJAC, and the officer replied that SJAC had been recommended to the police and that Officer Mr. Kolo contacted the Centre.
The BKA invited the director of SCM, Mazen Darwish, who was accompanied by Counsel Scharmer, to Berlin and asked him what information he had provided on this case.
The BKA officer denied that one of the witnesses was threatened by [one of] the Accused, or that the Accused issued orders, for instance - to kill someone.
The investigator was further asked about the method used by SCM for collecting and sharing information and testimonies, but he did not know any details.
Furthermore, the officer was asked whether he knew anything about [redacted name]. The officer confirmed, recalling that this person was an active commander in the Free Syrian Army (FSA). However, the witness added, he could not describe the person’s specific position.
The Defense Counsel also asked the investigator about Anwar Al-Bunni, but the officer denied that Al-Bunni provided any information related to this case.
Day 10 – June 18, 2024
Today's session was dedicated to the questioning of the witness [redacted name], a former employee of the Directorate of Culture, a former friend of Mohammad A., and the brother-in-law of Asmael K.
The witness did not provide much information about Mohammad A. because he claimed that there was no contact between them. The Court then showed two video clips, and the witness confirmed that the one who appeared in them was Mohammad A.
As for Asmael K., the witness said that he did not have contact with him after he and his family left the city of Al-Hajar Al-Aswad الحجر الأسود for Sahnaya صحنايا [controlled by the regime], adding that Asmael had left for Lebanon to study, before the revolution [i.e. before March 2011]. The witness testified that he did not have contact with him since then because of the “poor internet service in Syria.”
When the witness, who arrived in [redacted location] in [redacted time], was asked whether his brother-in-law [K.] had joined the FSA, he said that he did not know. He repeated the answer when asked about K.'s affiliation with ISIS, and when the Judge confronted him with his statement to the police that "Asmael K. was wearing black clothes," he replied that he knew this information from TV.
Upon questioning, the witness identified a person who was allegedly affiliated with ISIS. The witness confirmed that he knew the person, but did not know details about the affiliation. The witness further testified that he lost six of his cousins in Syria who were killed. The witness learned about their passings from the regime media but never found out who had killed them. Due to fear of the regime, according to the witness, he would not inquire further. Instead, he chose to remain silent until he left Syria. He reiterated that when he tried to speak to anyone about their fate, the "weak internet connections in Syria" prevented him from finding out anything.
Day 12 – June 21, 2024
In today's session, the questioning of the witness who appeared on day 11 was resumed and completed. Moreover, Dr. Guido Steinberg appeared as an expert and asked the witness several questions during the session.
Upon questioning by Dr. Steinberg, the witness elaborated on the so-called "Assassination Battalion". He was also asked whether he had information about assassination incidents in southern Damascus, but the witness was not able to provide any relevant details.
The witness further recalled that the shooting of sixteen persons took place in the area before they were beheaded. He remembered that he had seen photos showing this, revealing that [redacted name] was an infamous figure in the Battalion.
Upon questioning by the Judge, the witness pointed out that his brother was executed by ISIS after being taken from his home. The witness also confirmed that the Accused Asmael K. was a member of the Assassination Battalion but was uncertain whether K. was one of the perpetrators of assassinations or executions. However, the witness pointed out that K. was glorifying ISIS and celebrating its actions.
When asked by the Judges, the witness said that he contacted A. who assured the witness that his brother had been executed. "It happened before the video of the execution spread," the witness said and explained that A. was close to ISIS. He further assumed that A. participated in the arrest of the witness’s brother, considering that the area was controlled by A. and his followers.
The witness also added that the execution took place near a power plant near Yalda يلدا, in one of ISIS’s headquarters. This event was followed by the promotion of A. to the rank of "Emir" in the area which the witness was asked to identify on a map shown in court.
The witness was asked about [redacted name] and said that he is from [redacted name] family. The witness considered that [redacted name] and [redacted name] were responsible for the detention of his brother. Attempts by the witness’s family to contact both inquiring about the brother went in vain. When the Court showed a photo of A.’s Turkish ID, the witness commented that A. was active in "people smuggling."
Day 14 – June 28, 2024
On this trial day, a new witness appeared. He was a brigade commander in the FSA in Al-Hajar Al-Aswad, and he recounted details about the Ahfad As-Sahaba brigades ألوية أحفاد الصحابة, and how it was part of the FSA until July 2012 when it joined the Islamic Front الجبهة الإسلامية.
The witness testified that he was active in Al-Hajar Al-Aswad, Yarmouk camp مخيم اليرموك, Al-Mliha المليحة, Jobar جوبر, Arbin عربين, Al-Qadam القدم, Sabina سبينة, Al-Buwaida البويضة, Aqraba عقربا and other areas near the airport, along with Beit Sahem بيت سحم, Babila ببيلا, At-Tadamon التضامن, Duma دوما and Mesraba مسرابا, until October 2013, pointing out that there are several documentaries about him, showing those areas, one of which was done for the German channel Deutsche Welle.
Upon questioning, the former commander remembered that he was driving his car to an area close to the Jordanian border. He recalled that the "Friends of Syria" had a training camp for opposition members on weapons and equipment there, and he obtained weapons from "The Friends" and returned to southern Damascus, during the period when Colonel [redacted name] was the head of the Military Council in the Damascus countryside. Upon request by the Judge, the witness geolocated the relevant areas on a map which was displayed on the screen.
The witness was asked if he had met with members of his family during Eid al-Adha in Germany. He confirmed and added that he had not discussed the testimony in court with them, knowing that his brother was also a member of his military group.
When asked about the leaders of the FSA and whether they live in Europe, the witness mentioned the names of his brother [redacted name] (Turkey), [redacted name], [redacted name] (Netherlands), [redacted name] (Germany), in addition to [redacted name], who was not a leader in FSA but was detained by ISIS.
Based on information previously obtained by the witness, he claimed that the Accused Asmael K. released [redacted name] from ISIS prisons, and he was also asked about [redacted name], who is believed to have been executed.
Day 15 – July 29, 2024
Today’s session was dedicated to reading out a report by the FBI which was shared with the BKA. No witness appeared on this trial day.
The report included photos and videos about ISIS presence in Al-Hajar Al-Aswad and showed several ISIS members.
Related to the same context, a report drafted by Julia Clauß, a researcher in Islamic Affairs, was read out in court. Lastly, the Court read out the findings of a BKA report detailing the names of the two Accused with different possible spellings and pronunciations and reveals that Mohammad A. was a leader of ISIS in Al-Hajar Al-Aswad.
Day 16 – August 2, 2024
Today, the Court heard a new witness [redacted name], who is a distant relative of A., and belongs to the same Asmael K. Clan. It turned out that the witness's brothers were members of FSA, and one of them was executed by ISIS [redacted name].
The witness explained how ISIS began in southern Damascus. At the beginning, he elaborated on the union of a number of opposition groups under the name of the "Al-Fatiheen Brigade لواء الفاتحين", which was led by [redacted name], the brother of the Accused Mohammad A. After his death, the witness recalled, “I thought that the opportunity was ripe for A. to become the leader, but the brigade was divided and not everyone had the same opinion.”
After the division of the brigade, Mohammad A. and his group (40-50 members) joined the battalion of [redacted name], the nephew of [redacted name], the military commander of ISIS in the region, knowing that "Al-Fatiheen Brigade" led by [redacted name] split into the Al-Hajar Al-Aswad Brigade led by [redacted name], and the Gathering of the Free Golan تجمع أحرار الجولان.
When asked about the Ahfad Ar-Rasul Brigades, the witness said that they are part of the FSA, and have the support of the Syrian National Council, including the Golan Hawks and Golan Lions Battalions [his brother was with the latter battalion].
The witness spoke about the beginnings of ISIS, and said that there were between 50 to 70 members in Yalda, and because of the betrayals and the fight against smaller groups, their strength increased. He recalled that their military commander was [redacted name], their commander-in-chief was [redacted name], and the one known as [redacted name], was the security official in the area.
The witness then recounted the story of ISIS's siege of his brother [redacted name] and cousin [redacted name]. He remembered that at the time when the brother was arrested and his cousin surrendered, ISIS promised to hold a trial for the alleged defendants [[redacted name] and [redacted name]] and to calm the popular anger over what happened. According to the witness, the trial would include prominent people from the region, and was set for a Friday, but at the end the prisoners were executed on Thursday, known as "Black Thursday." The witness recalled: “When the people gathered the next day to attend the trial, ISIS broadcast videos and photos showed the execution that took place the day before.”
Upon further inquiry by the Judges, the witness revealed that he called Mohammad A. to ask him about his brother [redacted name]. He remembered that A. reassured him telling him that his brother was in the Yarmouk camp and could not enter Al-Hajar Al-Aswad at that time. A. further told the witness that he would reassure him again later, yet he did not.The witness indicated that he later learned about A.'s participation in the raid carried out by ISIS.
The witness did not mention the name of the person who gave him this information about A. and offered the Court to mention his name off the record of the session so that this person could be summoned as a witness later.
When asked for the reasons for his belief that A. was a member of ISIS, the witness said that this matter was generally known, and because A. participated in the raid carried out by ISIS. Also, the witness added, because A. did not contact him again as he promised, in addition to his careless conduct and failure to help those with whom he was supposed to have a kinship [cousins], his alliance with [redacted name], the nephew of the ISIS leader, because he was staying in areas controlled by ISIS, and finally because he was not participating in the joint attack of the FSA groups against ISIS.
The witness also claimed that A. was the commander of the ISIS headquarters in Al-Hajar Al-Aswad and revealed that A. was the driver of an army officer before the revolution [before 2011].
The Judges were interested in what he knew about K. The witness recounted that [redacted name] detained the witness’s maternal uncle and wanted to take him to the ISIS prison. On the way to prison, the witness recounted, [redacted name] saw K. and asked him to take the uncle to prison. However, according to the witness, instead of taking the uncle to prison, K. released the uncle after [redacted name] left the scene.
According to the witness, K. was affiliated with the [redacted name] group, [redacted name]'s right-hand. The witness also testified that K. was stealing water pumps from houses and sold them.
After the Syrian regime army took control of the area, the witness explained that K. left alongside the displaced to northern Syria, while A. “Suddenly arrived in Turkey.” The regime arrested [redacted name] in Daraa, the witness concluded.
Day 17 – August 9, 2024
On this trial day, Ms. Berner, a Berlin police officer, who was engaged with wiretapping the calls of the two Accused, appeared before the Duesseldorf Court.
During her work, Ms. Berner discovered that K. was dealing and consuming marijuana and had conversations about other drugs such as cocaine and heroin. The police officer further heard names such as [redacted names]. The latter confirmed that K.'s drug use was daily and too much, and the officer pointed out that K. also expressed his desire to improve his life and quit consuming drugs in his calls.
Berner had previously participated in the questioning of witnesses in this case. She further examined the content of phones belonging to A.'s sister and another person named [redacted name]. The police found videos and photos of ISIS revealing that K. was in Syria at the time.
Berner explained that the Yarmouk camp was initially under the control of [redacted name]-led An-Nusra Front, while Al-Hajar Al-Aswad and Yalda were under the control of FSA. She added that the Ahfad Ar-Rasul brigades ألوية أحفاد الرسول were among the FSA factions in those areas as well.
The officer continued by describing how ISIS managed to infiltrate these areas after the regime imposed a siege on them, and the scarcity of food and poverty enabled ISIS to recruit people and lure them with money.
Upon questioning, Ms. Berner also provided details about ISIS prisons. According to what she knew from the testimonies of some witnesses, she concluded that it was possible that there were several prisons or one prison with several sections, one of which was under the command of Asmael K.
Ms. Berger recalled that one of the witnesses [redacted name] pointed out that there was a square called the Square of Heads, which was the location where ISIS beheaded its victims and hanged their heads.
In addition to [redacted name]'s information, Berger remembered, the witness [redacted name], the brother of [redacted name] who was executed by ISIS, provided other information relevant to the investigation, but the information was "not updated" as he left Syria early.
Berger also explained that some witnesses helped to determine the geographical location of the Square, and the German intelligence placed two arrows on specific areas in the map indicating that they believed them to be graves. Coincidentally, satellite images of the Square were taken one day before the executions took place on January 16, 2014.
According to eyewitnesses, Berger explained to the court, some of the victims were buried in the "Martyrs Cemetery مقبرة الشهداء" in Al-Hajar Al-Aswad, others in Yarmouk. Berner believed that they were not all buried in the same place because some families [retrieved the corpses of] their relatives and buried them elsewhere.
In a separate context, the police officer indicated that she believed that the main ISIS headquarters in Al-Hajar Al-Aswad was located near As-Saliheen mosque مسجد الصالحين.
After Ms. Berger’s testimony concluded, another witness was questioned in this session, [redacted name], a friend of Asmael K.'s brother. Upon questioning by the Judges, he confirmed that K. was using drugs, but within the normal average, like any young man in Germany. when asked about the discussions between him and K., he said that they had never discussed the situation in Syria and that it was limited to legal discussions because they were studying law. The Judge then confronted him with his statements to the police, in which he stated that they "discussed a little about what is happening in Syria."
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