Inside the Mohammed A. and Asmael K. Trial #11: Accomplices to Crimes

 Higher Regional Court – Düsseldorf, Germany

Trial Monitoring Report #11

Hearing Date: September 5 & 6, 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.   

 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 11^th trial monitoring report details days 20 and 21 of the trial of Mohammad A. and Asmael K., in Dusseldorf, Germany. Similar to the previous trial week, two witnesses, also from the same area, where the Accused were active, were questioned and gave their testimony about important events related to the case.

 On the first day, a new witness [redacted name], P10, testified about his work in the media and humanitarian aid. He recounted details related to the ISIS checkpoint that was supervised by the Accused Mohammed A. and explained the details of a simplified map he drew during the police questioning showing the location of the checkpoint.

On the second day, another witness, [redacted name], P11, testified about the kidnapping and subsequent execution of his brother [redacted name] by ISIS, the relation of the Accused Mohammad A. to the incident as well as information about the involvement of Asmael K. in executions. He also recalled how Asmail K. kicked the heads of people executed by ISIS.

 Day 20 – September 5, 2024

 The 28-year old Palestinian-Syrian man said he was born in Yarmouk camp مخيم اليرموك and has lived there all his life. He worked in the media and humanitarian aid. He further explained that he was displaced from Yarmouk camp in [redacted information] by the Russian-led campaign, which resulted in the transfer of the area's residents to northern Syria [Idlib إدلب].

The Judge asked the witness to provide further details on what he was doing at the beginning of the Syrian revolution. P10 recalled that Yarmouk camp came under the control of opposition groups in 2012, and from that date until 2018, the camp was under the control of several parties.

The Judge told the witness that he mentioned in the police questioning that he left Yarmouk camp in 2014. P10 denied that this was correct, adding that the area was large, and the siege imposed on it lasted from 2012 until 2018. When ISIS appeared, the large area was divided into two areas, one under ISIS control and the other under the control of the Free Syrian Army, including Yalda يلدا, Babila ببيلا, and Beit Sahem بيت سحم. P10 concluded, this was “the areas in which I was at the time.”

The Judge asked the witness to explain how ISIS began to spread in South Damascus, whether it happened slowly and through several stages, or through a battle. The witness replied that ISIS emerged from a small group that soon grew and expanded by luring people with money. This group consisted of locals, not those who came from outside the area, P10 explained.

The witness also added that when he was in Yarmouk camp between 2013 and 2014, ISIS did not play a major role; instead, the area was controlled by opposition groups.

The Judge asked the witness about the FSA. P10 replied that the beginning of the revolution was limited to peaceful demonstrations, and the FSA was only formed after the Syrian regime forces started raiding areas and committing massacres. This led to the formation of the FSA, which consisted of separate groups, without an organizational structure or a single command.

In answering the Judge's question about his knowledge of Ahfad Ar-Rasul Brigade لواء أحفاد الرسول, the witness said that he had heard this name, so it was not unfamiliar to him, but there were many groups in the area. He added that this brigade was considered a group of the FSA, and did not have religious orientations like other FSA groups. He noted that the religious name of the group does not necessarily mean that the group is religiously extremist.

The witness again pointed out that ISIS had been present in Yarmouk camp since 2014, but without having actual control of areas. ISIS started as small groups trying to attract the people with money. In early 2015, the FSA tried to expel ISIS and the two sides fought in battles. P10 recalled that at the time, ISIS controlled the areas of Al-Qadam القدم, Al-Assali العسالي, and Al-Hajar Al-Aswad الحجر الأسود area.

The Judge asked the witness if he knew the two Accused. P10 responded that he did not know Asmael K. at all, while he knew Mohammad A. only superficially. He added that he had seen Mohammad A. once before and was told that his nickname was [redacted name]. P10 further said that Mohammad A. was affiliated with ISIS, stressing that he does not know his real name and does not remember who told him this information or the exact date, only that he learned it 10 years ago, around 2015.

When the Judge asked the witness about any other information he knew about Mohammad A.'s relation to ISIS, the witness said that he did not know any additional information and that Mohammad A. was not a well-known figure in ISIS.

The Judge recalled the witness's answers during the police questioning, where he stated that he knew “[redacted name]” and said that “he is from Al-Hajar Al-Aswad, he was a leader or a commander in ISIS. I know him by sight, he is well-known in our areas, and he was in charge of an ISIS checkpoint.” The Judge told the witness, “Isn't that what you said during the police questioning?” The witness replied that he does not know for sure, he may or may not have said so, as these things happened 10 years ago, and he may or may not have mentioned them during the police questioning. He added that Mohammad A. was in charge of negotiations when regime forces and ISIS agreed on a truce in Al-Qadam area.

The Judge added that during the police questioning, the witness identified the location of the checkpoint that Mohammad A. was overseeing. The Judge then asked the witness, “Does this bring back any memory?” The witness replied that he remembered the geography of the area well, so he was able to identify the location of the checkpoint.

The Judge rephrased his question: “You said that Mohammad A. was in charge of negotiations with the regime and that he was a checkpoint supervisor and a commander in an area, does this mean that Mohammad A. was a leader in ISIS?” The witness answered that all of the above does not necessarily make Mohammad A. a leader in ISIS, and that he could have been in charge of a specific matter only.

Regarding the negotiations mentioned before, the witness added: “The area was under siege by regime forces, and negotiations were taking place between regime forces and ISIS to allow civilians to enter the area.” The Judge interrupted the witness and asked him, “These negotiations were led by Mohammad A. as a representative of ISIS?.” The witness denied this and said that the negotiations were led by ISIS officials in the southern region, meaning that someone other than Mohammad A. would negotiate and then be asked to take over the task at a later stage.

The Judge confronted the witness with his earlier testimony recalling that P10 said that Mohammad A. was leading the negotiations. The witness tried to explain what he recalled. He elaborated that there was a checkpoint for regime forces and an ISIS checkpoint for civilians to enter from regime-controlled areas to ISIS-controlled areas. He further remembered that sometimes issues arose for women who wanted to cross and were arrested by regime forces. In such a case, Mohammad A. intervened and solved the issue.

The Judge then questioned the witness about whether he knew of any relation between Mohammad A. and the FSA, and whether he had ever heard of the name [redacted name] or the 2015 mass execution committed by ISIS in Al-Hajar Al-Aswad. The witness denied.

The Judge then showed a simplified map via the Court screen which the witness had drawn during the police questioning. Allegedly, it showed the location of the checkpoint Mohammad A. was in charge of in an area south of Damascus where control was divided between the FSA and ISIS. The Judge asked the witness to provide further details. The witness said he does not remember this and speculated that the question during the police questioning might have concerned checkpoints in the area.

The Prosecutor asked the witness about the checkpoint supervised by Mohammad A., and whether he had other tasks than those mentioned, such as solving women's issues. The witness replied that there were no other tasks for the checkpoint. The Prosecutor then read the witness's statement made during the police questioning, and quoted: “Mohammad A. was the head of the checkpoint, and I was working in the media field, and we learned that the checkpoint was dedicated to police and customs work, that is how I got it.” The Prosecutor then asked the witness to explain what he meant by police and customs duties. The witness recalled that the entry of foodstuff into the area was limited and arrived from regime-controlled areas, so at the checkpoint, ISIS routinely searched people.

The Prosecutor asked the witness to describe the checkpoint, what it looked like, and how many ISIS members were there. The witness explained that he did not know what the checkpoint looked like and he had never seen it, but that checkpoints in the area generally consisted of several members searching people. He added that often there was a small cabin. The Prosecutor also asked the witness what kind of weapons the checkpoint members had, and the witness replied that they had rifles and other traditional weapons found in the area.

When the Prosecutor had no further questions, the Defense Counsel asked the witness how many times the German Federal Criminal Police Office (BKA) had questioned him. The witness replied that concerning Mohammad A., he was questioned once. The Defense Counsel told P10 that the BKA had questioned the witness more than once, to which the witness replied that the other questioning had nothing to do with Mohammad A.

The Defense Counsel also asked the witness how many times he provided information to the Syrian Center for Media and Freedom of Expression المركز السوري للإعلام وحرية التعبير (SCM). P10 answered that it was more than once, but also related to other people, not just Mohammad A. The Defense Counsel remarked that the witness told SCM that he had visited Mohammad A. at his home. To the surprise of the Defense Counsel, P10 replied that this question was wrong and should have been posed to another witness.

At this point, the Judge intervened and explained that the police had confused this witness's file [at SCM] with the file of another witness, so the police asked the wrong questions to the witness on this day. The witness commented that he was aware that they were not his statements nor his name, so he knew there was a mistake in the file which he told the police.

The Defense Counsel continued to raise questions related to SCM. The Counsel asked the witness which person from SCM has questioned him. P10 recalled that twice it was Raed al-Hafez رائد الحافظ, who was in Turkey, while P10 was in Germany, and it was not like an [official] questioning, but like a conversation over the phone. Upon further questioning from the Defense Counsel, the witness explained that there was no current communication between him and SCM, and that communication stopped before 2023.

Asked about how the SCM found out about him, the witness said, “The SCM contacted me, I do not remember exactly how. They asked me about someone and I told them what I knew, then they asked me about Mohammad A., and they asked me about other people as well.”

The Defense Counsel asked the witness whether he passed through the checkpoints he mentioned earlier, during his time in Syria, and whom he worked with. P10 confirmed that he passed through the checkpoints and that he worked with the [redacted name] and the [redacted name], while the media work was on a freelance basis with [redacted name] and some TV channels such as [redacted name].

Regarding his knowledge of [redacted name], the witness said that he only knew his name and did not know him personally. P10 also knew that he was a group leader in the FSA, but had never seen videos in which [redacted name] appeared.

***

[15-minutes-break]

***

Upon return from the break, the Defense Counsel asked the witness about the person who arrived with him in Germany, [redacted name], and whether he was affiliated with an armed group in Syria. The witness confirmed that he had indeed arrived with him in Germany, and that he was not affiliated with any group. The Defense Counsel was interested whether the conversations between the witness and the SCM were recorded, to which the witness answered that he does not know.

Subsequently, the Defense Counsel requested to show a map on Google via the Court screen so that the witness could identify the location of the checkpoint that he claimed was led by Mohammad A. The witness refused, arguing that he had already provided a sketch and mentioned the location of the checkpoint. The Judge intervened and decided to grant the Defense Counsel's request.

The witness then gave an approximate location of the checkpoint. He said that there were areas that were generally prohibited and only those who wanted to enter or leave were allowed. P10 reiterated that he had never seen the checkpoint. When the Defense Counsel cast doubt on the information provided by P10, considering that the witness had never seen the checkpoint before, the witness replied that he knew the area well and where the regime-controlled and opposition groups' control points were located.

The Defense Counsel asked the witness to locate the areas controlled by Ajnad Al-Sham أجناد الشام group on the map. P10 showed the location adding that the area was generally complex and could not be explained briefly, as the areas [of control] were divided between ISIS, Jabhat Al-Nusra جبهة النصرة, and the FSA.

In response to the Defense Counsel's question about Ajnad Al-Sham's affiliation, the witness responded that it was a group of the FSA. He explained that “its story is complicated,” and that its presence was limited to one neighborhood in the Al-Qadam area. At that time, [2014-2015] there was a truce between Ajnad Al-Sham and ISIS. The Defense Counsel asked the witness if Mohammad A. was affiliated with Ajnad Al-Sham instead of ISIS, to which the witness answered that he does not know.

The Defense Counsel ended his questions by asking: “How can you be sure of the checkpoint and its location when you have never seen it and do not know anyone who passed through it?” The witness explained that the area was small, and while it was true that he did not know anyone who passed through it, he knew that it was a checkpoint through which hundreds of women and children passed every day. As a journalist, P10 continued, he used to document the arrests that happened there and published them on social media by communicating with residents and collecting information from them.

Finally, in response to the Defense Counsel's last question, the witness recalled having been there with his father when ISIS seized control of Yarmouk camp in 2015. P10 also remembered that [redacted name] was the leader of ISIS at the time.

 The proceedings were adjourned at 3:45 PM. 

The next trial day will be on September 6, 2024, at 9:30 PM.

 Day 21 – September 6, 2024

 On this trial day, the Court questioned the witness [redacted name], P11, for the third time. He was a former commander in the FSA and the brother of [redacted name], who was kidnapped and executed by ISIS.

The Judge first asked the witness what he knew about the two Accused Mohammad A. and Asmael K. P11 said that he knew both of them and that Mohammad A. was from Al-Hajar Al-Aswad, the same area where P11 came from. P11 further explained before the revolution he knew A. superficially, as they were in the same school and children's camps, with only one year difference in age between them.

The witness added that Mohammad A. was a volunteer driver in Political Security [Branch]and the witness assumed that he was a civil servant, but never saw him at work. The witness also testified that he had no contact with Mohammad A. before the revolution. After the revolution had started, he learned that Mohammad A.'s brother [redacted name] “worked in the revolution.” P11 also recalled that A. had another brother, [redacted name], who was an army officer. P11 explained that there were issues between [redacted name] and himself which he described as “not personal issues, but about the revolution. The two of them were supposed to be with me as FSA members to protect civilians, then the issues happened later.”

The Judge asked what the witness knew about [redacted name]'s role in the revolution and the group he belonged to. P11 said that “at the beginning of the FSA's formation, he joined Abu Obeida Al-Jarrah battalion كتيبة أبي عبيدة الجراح. Then, there were disagreements with the methodologies and rules followed and agreed upon in the FSA, and the extremist ideas.” The witness further added that [redacted name] “had connections and contacts because he was personally supported by Saudi Arabia not by the FSA. Initially, he joined Ahfad Ar-Rasul battalions كتائب أحفاد الرسول of Al-Fatiheen Brigade لواء الفاتحين, and I do not know if Mohammad A. was with him at the time because I did not see him at all until his brother was killed.”

The Judge asked about [redacted name]'s role and whether he was the commander of the brigade. The witness answered that the military commander was different from the actual commander who was responsible for financial and organizational matters. [redacted name] was not a military commander, but the actual commander of the brigade. As common knowledge, he was considered the commander. Regarding the religious orientation of the Al-Fatiheen Brigade, the witness said, “[redacted name] has personal relationships with people with a radical orientation, even before the beginning of the revolution, such as people who went to Iraq and joined Al-Qaeda القاعدة. In addition, he had relations with ISIS leaders during the revolution, such as strong personal relations with [redacted name] and [redacted name], two of the most important founders of ISIS.”

Regarding [redacted name] and Mohammad A.'s relation with Ahfad Ar-Rasul Brigade لواء أحفاد الرسول, the witness said: “Ahfad Ar-Rasul Brigade was not just a small faction, but was spread throughout Syria, and there was a military and intellectual disagreement with [redacted name]. Even the military commander of Al-Fatiheen Brigade, Lieutenant Mustafa, left Ahfad Ar-Rasul Brigade because of these disagreements. [redacted name] represents Ahfad Ar-Rasul Brigade inside Al-Hajar Al-Aswad and communicates with the group's donors abroad."

The Judge then quoted a statement by the witness given during the police questioning: “The killing of [redacted name] was followed by Mohammad A. joining Ahfad Ar-Rasul Brigade because of their ideology.” In response, the witness denied that this was the case. P11 corrected saying that after [redacted name] was killed, there were issues in the group, and due to the lack of financial control and unknown financial resources, there was a breakup. Then, P11 recalled, Mohammad A. appeared. His orientation was unclear, but he stayed with Ahfad Ar-Rasul Brigade, P11 concluded

The witness further remembered that “[redacted name] played a security and intelligence role, while [redacted name] was affiliated with Jabhat Al-Nusra, and what I said in the police questioning was that these people used to meet periodically. [redacted name] used to say that he no longer had anything to do with the faction [Ahfad Ar-Rasul], but in fact, he was [redacted name] 's right hand. [redacted name] 's relationship with [redacted name] was personal and intellectual, but they were not together in Ahfad Ar-Rasul Brigade.”

The Judge reminded the witness of his statement during the police questioning that “Mohammad A. was a leader in Ahfad Ar-Rasul Brigade, and had resources to enlarge his group called the Abu Obeida battalion, when his brother [redacted name] was killed.” The witness answered that the sentence was correct, but it did not convey accurately what he wanted to say. In addition, there were curtailed sentences. The Judge remarked that he will question the witness about other statements he had made during the police questioning, as he believed there are inconsistencies with what he was saying today.

“When ISIS took control of southern Damascus in 2013, Mohammad A. was carrying out secret operations for ISIS, although he was affiliated with Ahfad Ar-Rasul Brigade at the time. And when the brigade's leaders found out, they expelled him” the Judge quoted again according to the witness's statements during the police questioning.

In response, the witness commented that after [redacted name]'s death, the main pillars were [redacted name] 's first group, consisting of [redacted name], a later victim of ISIS, [redacted name], and [redacted name]. There were issues between them a few days before [redacted name] 's death, and when [redacted name] was killed, their groups broke away from Al-Fatiheen Brigade. At that time, P11 continued, Mohammad A. was not an active force in Al-Fatiheen Brigade, he did not have a private group like the ones the witness mentioned earlier, and P11 never saw him in battles or military activities.

The Judge interrupted the witness and told him not to elaborate. Instead, he asked the witness: “After [redacted name]'s death, Mohammad A. was leading the Abu Obeida battalion?” The witness recalled that after [redacted name]'s death, his loyalists chose Mohammad A. to lead them under the name Abu Obeida battalion. P11 also addressed the contradiction in his statements about Mohammad A. and ISIS and asked to clarify. He explained that the idea of ISIS started before ISIS officially started operating, and before the name ISIS existed, there were other names. What he meant by ISIS activity at that time [before the actual announcement of ISIS], P11 further clarified, was the orientation of [redacted name] and [redacted name].

About the expulsion of Mohammad A. from Ahfad Ar-Rasul Brigade, the witness said: “When radical groups started mobilizing against the FSA, Mohammad A. should have sided with the FSA, especially when the extremist groups launched military operations against us. I mentioned earlier that Mohammad A. tried to kidnap me. He asked me to go to a meeting place, but I did not go because I knew his intentions. In addition, there were issues between me and the leadership of Ahfad Ar-Rasul Brigade, and this is what the leaders of Ahfad Ar-Rasul Brigade told us when we contacted them, namely, Captain Hussein النقيب حسين and Ahfad Ar-Rasul commander Captain Abu Arab النقيب أبو عرب, who isthe military police commander in the liberated north now.”

When the Judge asked what happened to Mohammad A. after he was expelled from Ahfad Ar-Rasul Brigade, the witness answered: “Mohammad A. moved to Ahrar Al-Sham Movement  حركة أحرار الشام, I saw their logo on his car, and in the ninth month of 2013, a large part of Ahrar Al-Sham joined ISIS. At the beginning, Mohammad A. did not admit his affiliation with ISIS. After that, he announced the formation of the Jaish Mohammad جيش محمد [The Army of Mohammad], which was supposed to fight ISIS, and at that stage, ISIS killed many young men, and my brother was one of the victims. The army he formed was supposed to fight ISIS, and he played a key role in gathering all those who wanted to fight ISIS. In this way, he revealed the plans of those who wanted to fight ISIS and conveyed it to the ISIS leadership."

The witness added that he would give an illustrative example of how Mohammad A. helped ISIS: "After ISIS kidnapped people, including my brother, and the FSA and the people of the area gave ISIS a chance to release them, and ISIS procrastinated, a meeting of FSA factions was held and it was decided to launch an attack on ISIS headquarters at 5AM, only to be surprised a few hours before the attack when ISIS attacked [redacted name] and committed a massacre against the [redacted name], killing six members.  Everyone who attended that meeting [the FSA groups' meeting] with Mohammad A. was killed during this ISIS attack or later.”

“Someone recorded the meetings, and I listened to them. Mohammad A. was there. Two people who survived the ISIS massacre of the [redacted name] told me that Mohammad A. was in the meetings and was participating in preparing for the attack on ISIS. Then hours later he attacked the people who wanted to attack ISIS,” the witness continued.

The Judge then inquired about the fate of [redacted name], the witness's brother. The witness recalled that [redacted name] was previously detained, and those who arrested him were Mohammad A. and [redacted name].  As for how Mohammad A. announced that he was joining ISIS, the witness recalled: “According to what I received, his role was initially limited to identifying people who wanted to fight ISIS. Then, he was exposed and announced to join ISIS to become the Wali والي [the governor] of Al-Assali area, with full military and religious authority.”

The Judge then questioned whether Mohammad A. was considered in the leadership ranking of ISIS like [redacted name] and [redacted name], to which P11 replied: “At the first level, according to my information, Mohammad A. was one of the founders and facilitated all the founding work of ISIS between mid-2013 and early 2014. In the hierarchy of leadership, he was only surpassed by Wali of Al-Sham. He was in control and charge of an entire sector, and the importance of this sector was the official crossing - the supply route between regime forces areas and ISIS.”

After the Judge requested more information about this crossing or checkpoint, the witness explained: “Food supplies were entering from regime-controlled areas to ISIS-controlled areas, and ISIS’s injured, sick, and pregnant women were coming out of it and being transferred to Al-Mahayni Hospital مستشفى المهايني in regime-controlled areas.There are press reports, people and doctors who can confirm this.”

The Judge wanted the witness to give his opinion on what the other witness had testified the day before about Mohammad A. being in charge of the checkpoint only. The witness responded that his information confirms that Mohammad A. was in charge of Al-Assali area, and that this was “mentioned in Russian documents and in Sochi when ISIS decided to hand over the area and leave it.”

***

[15-minutes-break]

***

After the break, the witness recounted the story of his brother [redacted name] and said “He was a pharmacist in charge of clinics and a hospital for civilians. He provided free medicines to people with diabetes and hypertension and supported civil society groups that provided electricity, water, and sanitation services. He even appeared in a video report for a German TV channel and talked about providing these services to civilians. After the outbreak of the revolution, he participated in peaceful events and then worked to secure medicines for the injured who could not be taken to government hospitals, as going to government hospitals meant a death sentence.”

The witness further added that [redacted name] did not affiliate with any military group. ISIS arrested him because of his respected social reputation among the people in the area and ISIS's belief that the witness possessed files, documents, and weapons that [redacted name] might know the location of. The witness also recalled: “During the revolution, we had a lot of important documents and information, so ISIS was trying to get it.”

The Judge questioned the witness about how he knew the details of his brother [redacted name]'s kidnapping and the fact that he was detained at the time. P11 answered that he received a lot of definitive information about this matter, including a letter from his kidnapped brother when he was kidnapped. Also, he learned that his kidnapped brother was with someone named [redacted name] who agreed to work for ISIS in exchange for his release, but then escaped and moved to Turkey, where he currently lived. The witness added that [redacted name] later informed him that [redacted name] had been kidnapped by Mohammad A. and [redacted name].

The witness went on to recount the details of his brother's kidnapping, continuing that [redacted name] was at home when he was kidnapped by ISIS. [redacted name] did not have any guards as he was not a military figure, and he only had a private weapon, a “Makarov 8.5” to protect himself. The witness explained that “owning a private weapon was common in our area [Al-Hajar Al-Aswad] even before the beginning of the revolution.”

The Judge then asked about [redacted name]'s fate after the kidnapping. The witness answered that “there were conflicting stories, but what is certain is that he was imprisoned in Yalda and was supposed to be on trial. That did not happen because the FSA and the people in the area were upset with what ISIS did, and there were talks about releasing him, but ISIS secretly executed him with other detainees and other kidnapped people, although ISIS used to carry out executions in public and video footage.”

As for the people who gave Mohammad A. the orders to kidnap [redacted name], the witness revealed to the Judge that these individuals were [redacted name] and [redacted name]. P11 added that “it later turned out that my brother [redacted name]'s computer was with [redacted name], who did not have a security status at the time.”

The Judge recalled the witness stating during the police questioning that “Mohammad A. was involved in the execution committed by ISIS in Al-Hajar Al-Aswad on January 16, 2014.” The witness replied that he does not know, but what he knew 100% was that Mohammad A. kidnapped his brother. For P11, kidnapping or killing were not different based on the tradition, “anyone who arrests or kills a civilian is an accomplice to the crime.”

Then the Judge moved on to ask questions related to the other Accused, Asmael K., and wanted to know what the witness knew about him. The witness said that the information he had confirmed that Asmael K. was affiliated with ISIS “from the beginning until he left the area.” P11 added that he met with people who told him that Asmael K. threatened them directly. He also knew that there was an audio recording of Asmael K. telling a person that he would behead him like he beheaded another person in the Al-Hajar Al-Aswad, and that other people said Asmael K. was kicking severed heads. The witness referred to what a survivor of the ISIS attack on the [redacted name] family said who also claimed that Mohammad A., Asmael K., and a third person named [redacted name] were all present during the attack.

Upon the question of whether he knew Asmael K. before the revolution, the witness explained that he did not know him personally and never saw him after the revolution had started. P11 said that learned the information about Asmael K. through public circulation between 2015 and 2016, when someone from the FSA told him that Asmael K. “was carrying weapons with ISIS.” The witness also recalled that after the withdrawal of ISIS leaders from Al-Hajar Al-Aswad, facilitated by the regime, Asmael K. left Al-Hajar Al-Aswad and was arrested in Qalaat Al-Madiq قلعة المضيق in 2018, spent time in regime prisons until he was released.

Regarding Asmael K.'s role with ISIS, the witness explained that the information he had suggested that Asmael K. had a special position at the security level and was able to get people out of ISIS prisons, including [redacted name] and [redacted name]. According to the witness, [redacted name] mentioned that Asmael K. was the one who saved him from being executed. The witness continued: “There are many similar incidents, and it is impossible for someone to do such things unless he has a special and privileged position, and there are people in Germany and Netherlands who can testify to the fact that Asmael K. was an Emir in ISIS.”

The Judge then asked the witness if Asmael K. was involved in the kidnapping of his brother [redacted name]. The witness replied that he had no information on this matter. Regarding Asmael K.'s relationship with ISIS's elite group, P11 said that one of ISIS's senior emirs married his daughter to Asmael K.

After that the Judge read a section from the witness's statement given during the police questioning: “Asmael K. was part of an elite unit in ISIS called Al-Badriyeen البدريين, meaning the first to join ISIS, who were above accountability and could steal drugs without being punished.” The Judge then asked P11 about Asmael K.'s history with drugs. The witness replied that Asmael K. called members of the FSA and threatened them with death and accused them of being atheists and infidels. P11 also recalled that people would respond to his accusations by saying “you are a stoner and now you know God [referring to lecturing on religion and morality].”

The witness further added that Asmael K. was an Emir of ISIS from the beginning, and people used to refer to him as “ISIS’s slaughterer who carries out executions.”

***

[60-minutes-break]

***

After the break, the Prosecutor began asking questions about Jaish Mohammad and the Accused's relation to it. The witness replied: “This army was one of the tools that enabled ISIS to identify people and groups that wanted to fight ISIS. This army is made up of people who did not declare their explicit affiliation with ISIS, they are traitors. I cannot estimate their number because this army was never formed, and the purpose of announcing it was to expose the enemies of ISIS. Mohammad A. was in this army, and there were other people who were deceived and agreed to join this army in order to fight ISIS. All of them were killed, except for Mohammad A. and an FSA commander named [redacted name]."

The witness then recounted the details of the meeting where the FSA groups decided to fight ISIS after ISIS kidnapped his brother [redacted name], [redacted name], [redacted name] and others, most of whom were affiliated with the FSA. P11 also recalled how it ended with ISIS discovering the groups' plan and the attack date. ISIS surprised them with an early attack. P11 reiterated his accusation that Mohammad A. was the one who leaked the details of the plan to ISIS, as proven by the fact that he later became a commander in ISIS.

As for the difference between Mohammad A. being the Wali of Al-Assali or the Emir of Al-Assali, the witness explained to the Prosecutor that “the Emir is the leader of a group or a person with a distinctive position. The Wali of Damascus has executive, legislative and judicial authority, and the Wali of Al-Assali enjoys the same privileges but within a specific area. He can be called the Emir of the section.”

The Prosecutor asked about Ar-Rayah Al-Waheda gathering تجمع الراية الواحدة. The witness revealed that it was one of the groups founded by extremist individuals in Western Ghouta الغوطة الغربية, but it only lasted a few days. P11 also said that “in our area, it was called the Ar-Rabita Al-Waheda الرابطة الواحدة, and it was formed in all of Syria with the aim of eliminating the effective actors of the FSA, with [redacted name] as its leader and Mohammad A. as his assistant.”

Regarding Asmael K., the witness confirmed what he said during the police questioning. Asmael K. was recruiting people for ISIS, and the witness knew people in Yalda whom Asmael K. tried to recruit.

In response to the Prosecutor's question about Mohammad A.'s relation with [redacted name], the witness said that [redacted name]'s wife [Mohammad A.'s brother] was the sister of [redacted name]. It was clear that their relation was strong, and Al-Khalaf [note: P11 did not specifiy whether he meant [redacted name] or Mohammad] met with [redacted name] regularly as the two were close to each other.

In response to another question, the witness said that he did not see Asmael K. kill anyone, but he heard that Asmael K. killed people. He added that he knows the names of many people killed by ISIS but does not know who Asmael K.'s specific victims were. P11 further testified that he had heard information about Asmael K. threatening to behead people as he had done to others.

After the Prosecutor's questions, and before the Defense Team raised its questions, the witness's Counsel told them that the witness would exercise his right to refuse testimony related to his role in the FSA or related to files and documents that ISIS thought the witness had and wanted to obtain. The Counsel pointed out that the witness had mentioned some aspects in his previous answers and explained that further questions could lead to judicial conclusions and consequences for the witness. The Prosecutor agreed with the Counsel and emphasized the mosaic theory which grants an extensive right to refuse testimony in case several individual information could lead to painting a bigger picture risking self-incrimination

The Defense Counsel objected to the witness's Counsel’s argument and asked the Judge and the bench of the judges to clarify whether the witness had a right to refuse testimony. The Judge issued a break to discuss the matter.

***

[30-minutes-break]

***

After the break, the Judge read the Judges’ decision. The Judges decided to grant the witness the right provided in Section 55 of the German Code of Criminal Procedure and could therefore refuse to answer questions that could incriminate him or lead to investigations and legal repercussions.

The witness then refused to answer a number of the Defense Counsel's questions related to whether he received support from Germany or the human rights organizations to which he provided statements and information. The Defense Counsel then asked the witness about the number of ISIS Walis [governors]. The witness responded that he was not affiliated with ISIS so he did not know the number of governors, but he knew that ISIS appointed a Wali for each area such as Al-Assali, Al-Hajar Al-Aswad, and Yarmouk.

Regarding information about Asmael K.'s family and his father, the witness explained to the Defense Counsel that “Asmael K.'s father had a relation with militia leaders, but this is not secret information. He had a close relation with [redacted name], who has ties to the Russian Wagner militia ميليشيا فاجنر الروسية. I have investigated this information accurately, and there are people who have photos that confirm what I said, but I do not accuse Asmael K.'s father of anything."

Just before the end of the trial day, the Judge asked the Defense Counsel how many questions they still wanted to ask the witness. The Defense replied that it needed another full trial day. The Defense also asked for a copy of the Judges’ decision granting the witness the right to refuse to give information based on Section 55 and the mosaic theory. The Judge then told the witness, “We will summon you for a fourth appointment.”

The proceedings were adjourned at 3:25 PM. 

The next trial day will be on September 13, 2024, at 9:30 PM.

 ___________________________

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