Jul 16, 2025 27 min read Twana H.S. and Asia R.A.

Inside the Twana H.S. and Asia R.A. Trial #01: Genocide Charges at Trial: The First Day in Munich

TRIAL OF TWANA H.S. AND ASIA R.A.

Higher Regional Court – Munich, Germany

Trial Monitoring Summary #01

Hearing Date: May 19, 2025

CAUTION: Some testimony may include graphic descriptions of torture, rape or other violent acts.

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 provides a summary of the proceedings while redacting certain details to protect witness privacy and to preserve the integrity of the trial.]

SJAC’s 1^st trial monitoring report covers day 1 of the trial of Twana H.S. and Asia R.A. in Munich, Germany. On this day, the Court primarily focused on assessing Twana H.S.’s medical condition and his fitness to stand trial. He reported severe headaches, tinnitus, and dizziness. A doctor examined him during a break and provided his health examination results in court. Ultimately, Presiding Judge Stoll confirmed that the Accused was fit to stand trial and that the trial would proceed as scheduled.

Following the first interruption, the indictment was read out.

Twana H.S. and Asia R.A. were accused of having jointly committed the following offenses, of which two offenses under No. (2), (3), and (4) were committed by the same act and while Asia R.A. acted in part as a young adult [Sect. 105 Youth Courts Act (YCA)]:

(1) [Genocide]: To have, with intent to destroy a religious group as such, in whole or in part, intentionally caused serious bodily or mental harm [Sect. 6 (1)(2) German Code of Crimes Against International Law (GCCAIL)] in conjunction with Sect. 226 German Criminal Code (GCC) and forcibly transferred a child of the group to another group [Sect. 6 (1)(5) GCCAIL]
(2) [Crimes against Humanity]: To have as part of a widespread or systematic attack against a civilian population
- conducted human trafficking and having arrogated themselves a right to ownership over that person in doing so [Sect. 7 (1)(3) GCCAIL]
- tortured a person in their custody or otherwise under their control by inflicting significant physical or mental harm or suffering on the person which was not merely the consequence of sanctions permitted under international law [Sect. 7 (1)(5) GCCAIL]
- caused serious physical or psychological harm to another person, in particular of the kind described in Sect. 226 GCC [Sect. 7 (1) (8) GCCAIL]
- deprived a person, in violation of a general rule of international law, of their physical liberty in a serious manner [Sect. 7 (1) (9) GCCAIL]
- persecuted an identifiable group or community and on religious or gender-based grounds, deprived them of, or severely restricted, their fundamental human rights [Sect. 7 (1)(10) GCCAIL]
(3) [War Crime]: To have, in connection with a non-international armed conflict, treated a person protected under international humanitarian law cruelly or inhumanly, by inflicting significant bodily or mental harm or suffering [Sect. 8 (1)(3) GCCAIL]
(4) [Domestic Human Trafficking Charges]: To have harbored a person under the age of eighteen for the purpose of sexual exploitation and enslavement, by means of force and threats of serious harm [Sect. 232 (1) (1) (a), (2) (1), (3) (1) GCC]

Twana H.S. was further individually accused of five cases committed through the same act, namely of:

having raped another person in the context of a widespread and systematic attack against a civilian population [Sect. 7 (1) (6) GCCAIL]
having raped a person protected under international humanitarian law in connection with a non-international armed conflict [Sect. 8 (1) (4) GCCAIL]
having engaged in sexual intercourse with a child [Sect. 176 (1) GCC, Sect. 176a (2) (1) GCC]

In addition, H.S. was accused of having participated as a member in a foreign organization whose aims and activities are directed towards committing murder, manslaughter, genocide, crimes against humanity, and war crimes [Sect. 129a (1) (1), 129a (1) (2) GCC].

Asia R.A. was accused of having intentionally aided [Sect. 27 GCC] a person in the international commission of an unlawful act, in five cases through the same act, namely:

a crime against humanity by means of rape
a war crime by means of rape
severe sexual abuse of children

In addition, R.A. was accused of having participated as a member in a foreign organization whose aims and activities are directed towards committing murder, manslaughter, genocide, crimes against humanity, and war crimes [Sect. 129a (1) (1), 129a (1) (2) GCC].

Facts of the Case

According to the indictment, Twana H.S. bought a five-year-old Yazidi girl, [redacted name] [note: the first name was pronounced in court in various ways, including, [redacted name]], P1, as bride prize between October and Dezember 2015 in Mosul and a twelve-year-old Yazidi girl, [redacted name] [note: the correct spelling of the name remained unclear. Alternative spellings could be [redacted name]]. For clarity, in the following reports, only one alternative will be used], P2, in early October 2017 in Ar-Raqqa. The two Accused claimed ownership over both girls and held them captive in various houses. Twana H.S. and Asia R.A. subjected them to sexual and economic exploitation and physical violence, suppressed any form of free will and forced them to give up their own religious practices for those of Islam. Twana H.S sexually assaulted both girls on multiple occasions and had vaginal intercourse with them. Asia R.A. knew of this, approved and supported it. Twana H.S. and Asia R.A.’s actions were carried out as members of ISIS and in line with the organization’s agenda. They wanted to support the destruction of the group and believed that the destruction of the Yazidis was achievable.

The indictment also detailed the non-international conflict in Syria and Iraq. It was detailed that one of the aims of IS was the destruction of the Yazidi faith and that according to the Yazidi faith, sexual intercourse with persons outside the Yazidi religious community automatically leads to exclusion from the religious community. The rape of Yazidi women by non-Yazidi men therefore also meant the loss of religious affiliation for the women concerned.

Day 1 – May 19, 2025

On this trial day, the proceedings began at 9:45 AM before the State Security Senate at the Higher Regional Court in Munich, Germany. 28 press representatives and spectators were present at the start of the trial, as well as six photographers and camerapersons who filmed before the hearing was opened.

The case is heard by five Judges forming the Senate and one Substitute Judge: Judge Dr. Stoll (Presiding Judge), Judge Reichenberger, Judge Wosylus, Judge Strafner, Judge Hamel and Judge Nolte (Substitute Judge).

The Office of the Federal Public Prosecutor General (GBA) was represented by Dr. Schlepp and Dr. Zabeck. Two court-appointed lawyers, Counsel Peter Ewald and Counsel Kämpf, form the Defense Team for the Accused Twana H.S. Asia R.A. was represented by Defense Counsels Lea Matner, Phillip Janson, and Shervin Ameri from the law firm “Ameri Janson & Ondrasik.” Dr. Wagner acted as Asia R.A.’s private interpreter. The Plaintiffs were represented by Counsels Mrs. von Wistinghausen and Mrs. Lehner. The Plaintiffs were not present. The court-appointed interpreters were Mrs. and Mr. Hossain. Dr. Freiseher provided Juvenile Court Assistance [German: Jugendgerichtshilfe. Sect. 38 of the Youth Courts Acts (YCA) foresees assistance in cases when juveniles are accused. At the time of the charged crimes, Asia R.A. was in part a young adult (between the ages of 18 and 21, Sect. 1 YCA)].

The Accused Twana H.S. entered the courtroom, his face covered with a piece of paper with cut-outs for his eyes. Shortly after, the Accused Asia R.A., her face hidden behind a blue binder, entered, slightly shielded by a security officer and of her Defense Counsels. A camera team filmed until the Judges entered and asked the filming press to leave.

Opening of the Trial

The Presiding Judge, Dr. Stoll, opened the trial of Twana H.S. and Asia R.A. He introduced the bench of Judges, the Defense Teams, the Prosecution, the Plaintiffs’ Counsels, and the interpreters. The Judge noted that no changes applied to the composition of the Court since its order from May 2, 2025.

The Presiding Judge moved on to swear in the interpreters. He then asked both Accused, whether they understood the interpreters acoustically and linguistically. Both Accused confirmed that they understand the interpreters.

Before the Judge could continue, Twana H.S asked to make a statement. The Presiding Judge asked him to withhold the comment until he had confirmed the Accused’s personal information and presence for the record.

The Presiding Judge then recorded the personal details of Twana H.S. When asked to confirm his name, H.S. confirmed it as correct. A clerical error was addressed regarding the repetition of H.S.’s last name in certain records; it was clarified that this duplication was incorrect. The Accused confirmed that Twana [redacted name] was the correct version of his name. The Presiding Judge asked whether this was his family name in Germany and his birth name. The Accused Twana H.S. confirmed.

Twana H.S. then made his statement, informing the Court about his circumstances in pre-trial detention. He described that, over the past 400 days, he had been subjected to physical abuse and drugging by security personnel at the Augsburg prison. He added that as a result, he was not in a condition to participate in the proceedings.

Twana H.S recounted that he was regularly beaten and kicked in the head by prison staff. He further asserted that the director of the Augsburg facility was aware of these alleged incidents. He claimed that the repeated blows to the head had caused him severe and persistent headaches.

Twana H.S. also described being detained continuously until the beginning of the trial and said that he had been mistreated throughout the entire duration of his detention. He testified that he had been held in a basement cell, a “bunker”, for several months without access to any of his personal belongings and without any contact with his legal counsel. He further alleged that, whenever he requested medical attention, his requests were ignored by the security personnel or met with violence, by kicking him against the head. He also claimed that he had been forced to take pills. He explained that there had been no opportunity for him to step in front of the door or to meet with his lawyers.

Twana H.S. requested a postponement of the session, claiming that he was currently unable to understand anything due to his headache and tinnitus and was unable to "take anything in."

The Presiding Judge responded that a medical examination could be conducted to assess whether Twana H.S. was fit to stand trial, but that this would be addressed after the completion of the documentation of personal details.

Continuation of Recording of Twana H.S.’s Personal Details

The Judge then resumed recording Twana H.S.’s personal data. In response to the Presiding Judge’s question, Twana H.S. noted that he was born on [redacted time], 1981, in Iraq near the border with Iran [Note: the location was inaudible to the trial monitor]. The Accused confirmed that he holds Iraqi nationality.

The Presiding Judge then asked whether Twana H.S. was married under German law. After a brief pause, he responded tentatively that he was not. The Judge further inquired whether it was correct that Twana H.S. was married to the female Accused Asia R.A. according to Islamic rites, without having entered a civil marriage in Germany. Twana H.S. confirmed and added that the marriage had been conducted by an imam.

Upon questioning by the Presiding Judge, Twana H.S. explained that he had worked in a hospital for four to five months. Judge Stoll followed up by asking what kind of work he performed at the hospital. Twana H.S. replied that he had worked in Mosul as a patient transport driver for a hospital [German: Krankenfahrer; it was unclear whether the Accused said Krankenfahrer (patient transport driver) or Krankenpfarrer (hospital chaplain), see below for the Court’s attempt to clarify].

The Presiding Judge asked whether this had been his trained profession. Twana H.S. answered that he was a formally trained hairdresser and, upon further questioning, explained that during his time in detention he had worked on an assembly line for children’s toys production, which he described as his most recent form of employment.

When asked by the Presiding Judge about his last place of residence, Twana H.S. answered that he was not certain. The Presiding Judge then read aloud the address: shared accommodation in [redacted information]. Twana H.S. said that this was probably correct.

The Presiding Judge subsequently asked whether it was true that Twana H.S. had been arrested on April 9, 2024, based on an arrest warrant issued on March 19, 2024. Twana H.S. responded that he was not entirely certain about the dates but assumed that they were probably correct. He further confirmed that he had been held in pre-trial detention continuously since the time of his arrest.

Recording of Asia R.A.’s Personal Details

The Presiding Judge then moved on to confirm the personal details of Asia R.A.

The female Accused confirmed her name as Asia [redacted name]. After being asked for her date of birth, Asia R.A. answered [redacted time], 1996. The interpreter, Mrs. Hossain, mistranslated the year to 1986, which was immediately noticed and corrected - Mrs. Hossain apologized for her mistake. Upon the next question by the Judge, Asia R.A.’s personal interpreter interrupted, noting that the Accused was unable to understand Mrs. Hossain. Judge Stoll asked Mr. Hossain to take over the interpretation. The understanding improved after this shift, however, the Judge’s attempt to clarify the reasons why Asia R.A. did not understand remained unsuccessful.

In the following, Asia R.A. testified that she was born in Kirkuk, and that she was still married to Twana H.S. according to Islamic rites, but not under German civil law, however, they have separated. Asked about her profession, she answered that she learned how to repair motorcycles from her father.

Still having issues with understanding, Asia R.A.’s personal interpreter Dr. Wagner and her Defense Counsel Shervin Ameri, requested changing the interpretation to Arabic [Note: It was not specified in which language Mrs. and Mr. Hossain had been interpreting up to that point, likely in Kurmanji, however this could not be confirmed].

Asia R.A. then testified in Arabic that she holds Iraqi nationality and resides at [redacted information]. She was unable to provide the exact dates of the arrest warrant or her arrest but confirmed that she has been held in continuous custody since the day of her arrest.

The Court then concluded the recording of the personal details of both Accused.

Twana H.S.’s Physical Condition and Fitness to Stand Trial

Following clarification of the Accused’s personal details, the Presiding Judge sought to continue with the hearing before interrupting for the medical examination provided that Twana H.S. felt capable. The Accused noted that he had severe headaches and balance issues. He testified that the headaches were the result of mistreatment during custody and kicks to the head. He recounted that since the beginning of his detention, he had been so weak that he could only lie in bed.

The Presiding Judge asked Twana H.S. whether he had any contact with his Defense Counsels. Twana H.S. replied, “absolutely none.” Judge Stoll then wanted to know if he agreed to release his Defense Counsels from their professional confidentiality in order to confirm the lack of contact. The Judge explicitly asked H.S.: “Did you understand the question? Are your Defense Counsels allowed to tell me when they last had contact with you?” Twana H.S. replied that he could not understand much acoustically due to poor hearing. He explained that he heard whistling and singing, “like a rush that comes and goes (...) I don’t know what’s going on.” The Judge then inquired about Twana H.S.’s German language skills and noted that he appeared to understand and respond well in German, suggesting that he sufficiently comprehended the language. Following this, Judge Stoll instructed the interpreters to cease interpreting, as this might cause further confusion for Twana H.S. Neither Twana H.S. nor his Defense Counsels objected to this.

"May your Defense Counsels tell me when they last spoke with you?", the Judge then repeated, to which Twana H.S. responded with “of course.” The Accused then pointed out that his Defense Counsel does not know about his physical state. Judge Stoll then suggested obtaining this information from the prison’s physicians. Upon questioning, Twana H.S. agreed to waive their duty of medical confidentiality. The Presiding Judge formally noted in the protocol: “Twana H.S. releases the prison’s doctors from their duty of medical confidentiality as well as his Defense Counsels from their professional confidentiality, insofar as it concerns contact with the Accused and his state of health.”

[Note: The instruction of Twana H.S. regarding the waiver of confidentiality was brief and mostly informal. Judge Stoll did not elaborate on the potential legal implications of such a waiver.]

Twana H.S.’s Defense Counsel remained silent throughout the entire exchange. Twana H.S. spoke on his own behalf.

The Presiding Judge then announced a 45-minute recess to allow for a medical assessment of Twana H.S.’s condition and to determine whether he was fit to stand.

***

[100-minutes-break]

***

The Court resumed at 12:02, after extending the break twice. During the break, a security officer removed a spectator for unknown reasons from the public gallery. Upon return of all parties to the proceedings, several documents related to H.S.’s arrest, detention, and medical condition were read aloud.

[Note: Due to the speed of the reading and poor acoustics, the trial monitor was unable to comprehensively note all details, the following is therefore an excerpt of the documents’ reading.]

First Document – Telephone Call with Mrs. Hatler

The Judge read out the transcript of a telephone call with Mrs. Hatler [It remained unclear to the monitor when the phone call took place and who exactly initiated it; it was presumably conducted during the break.]

At the end of October 2024, Mrs. Hatler was serving as the prison’s acting deputy director. The phone call record detailed that at that time, Twana H.S. was held in isolation before being transferred to the collective cell block. Mrs. Hatler recalled that Twana H.S. did not file any complaints, nor were any disciplinary measures taken. She remembered Twana H.S. as a quiet and unobtrusive detainee.

Second Document – Previous Testimony of Twana H.S.

An unspecified court record dated March 19, 2025, recorded that H.S. served as a witness and gave testimony. The document provided that during a previous 1,5 hours-long testimony [note: it was unclear when and where this testimony was given], Twana H.S. was found fit to testify and delivered his recollections in German. According to the court record, Twana H.S. demonstrated sufficient understanding and responded reasonably to follow-up questions. During his testimony, Twana H.S. explained having experienced mistreatment during his detention, including being kicked and beaten. The document did not provide details of whether Twana H.S. suffered long-term consequences or injuries.

Third Document – Twana H.S.’s Arrest Report # 1

The Court then read the arrest report, dated May 28, 2024. The warrant was based on alleged violations of Sect. 6, 7, and 8 of the German Code of Crimes Against International Law (GCCAIL). On March 19, 2024, an Investigating Judge at the Federal Court of Justice (BGH) ordered the arrest and placement in pre-trial detention.

The report, detailing the execution of the arrest warrant, provided the following:

6:01 AM: Room [redacted information], where Twana H.S. was residing, was forcibly opened.
6:05 AM: Several police officers, accompanied by a Kurdish interpreter, entered the room and handcuffed H.S. Twana H.S. did not suffer any major injuries. Twana H.S. initially believed the arrest to be related to a criminal complaint he had filed the previous day, and he expressed the desire to withdraw that complaint. Twana H.S. was informed of the actual reason for his arrest; the information was translated by the interpreter. Twana H.S. turned pale and began breathing shallowly.
6:10 AM: An ambulance was called. Twana H.S. was given water and returned to normal breathing. Twana H.S. stated that he did not require an interpreter. Twana H.S. was medically examined by paramedics, who determined that no treatment was necessary and that he was fit for transport.
6:27 AM: The ambulance left the scene. Twana H.S. was searched for dangerous objects; none were found. He was asked by the police officers whether he had a lawyer and if he knew how to contact them. Twana H.S. replied that he maintained contact information for his lawyer Ewald in his locker, which was acquired and recorded. He further sought to note contact details for his second lawyer, Borak. Asked to choose, he opted for Ewald. Twana H.S. was allowed to take some of his personal belongings from his room.
6:58 AM: Departure from the residence to “KPI [redacted location]” [Criminal Police Department [redacted location]]. Twana H.S. walked to the car “independently and without physical limitations.” He did not exhibit any unusual behavior. He was offered food and something to drink. At the police station, a Kurdish interpreter translated the arrest warrant for Twana H.S. Twana H.S. then requested medical assistance, stating that he was hearing voices, felt like he was dreaming, and did not know where he was. The security personnel assessed that he showed no signs of health issues, and since he had recently undergone an examination, deemed an additional medical evaluation unnecessary. Twana H.S. was handed the arrest warrant documents but refused to sign them. He went to the toilet independently without signs of any health problems. Thereafter, he requested a doctor again, and “collapsed to the side.” Again, no further medical assistance was summoned as he had recently undergone a medical examination and still showed no visible signs of health concerns. Twana H.S. slumped again and closed his eyes while police photographs were taken. He had to be repeatedly supported and guided.
Twana H.S. was placed in a detention cell in the basement. He repeatedly said in German: "No rights!", "Where are my human rights?", "I need a doctor." He was regularly checked, and no external signs of health damage were observed. He ceased repeating these phrases once he was out of the hearing range of the security officers.
Attempts were made to contact his lawyer. Initially, only the answering machine was reached, and no message was left. After calling again, a message was left this time. Lawyer Ewald returned the call. He was informed of the subject matter of the arrest warrant. Twana H.S. was given the opportunity to speak with Ewald. The conversation took place in another office room, as there was insufficient reception in the detention cell in the basement. It was conducted out of the hearing range of security officers. Two conversations between the lawyer and Twana H.S. took place.
Twana H.S. was then offered the toilet but declined. Twana H.S. stated, "Human rights, human rights, I have no human rights." He was permitted to smoke a cigarette.
Afterwards, Twana H.S. was transported again to be presented to the Investigative Judge of the Federal Court of Justice. He walked independently to and from the office. He walked independently to the vehicle. He raised his handcuffed hands toward a security officer and asked, "Is this what you want?" During the transport, he fell asleep for approximately one hour. Thereafter, he informed the security officers that he urgently needed to use the toilet. Shortly after, he urinated in his pants. A rest area was then visited. There, Twana H.S. stated that he no longer needed to use the toilet. His car seat was covered with a blue trash bag.
11:45 AM: The car journey resumed. There was a restroom break at 1:09 PM.
1:32 PM: The destination was reached. Twana H.S. was permitted a cigarette break. He walked inside the building independently. No signs of physical damage were noted.
During a conversation, police investigator Vogel noted that Twana H.S. “sank towards the ground slowly and in a controlled manner, pushed the chair aside, and lay down gradually.” Emergency medical services and a doctor were requested. Twana H.S. was placed in the recovery position by security officers. The paramedics arrived. Twana H.S. stated that his left side was paralyzed, that he had a headache, and that he heard voices. When asked by the paramedics what the voices said, Twana H.S. did not describe them further.
2:15 PM: A doctor arrived and examined Twana H.S. The paramedics and the doctor concluded that there were no external health impairments. Upon inquiry by investigator Dr. Lutz, both professionals did not raise objections to the presentation before a judge.
2:41 PM: Twana H.S. was presented to the judge. He had to be carried by security personnel and kept upright in his chair. Twana H.S. “repeatedly and intentionally tried to sink to the ground.”
Twana H.S. had to be carried to the toilet. Police investigator Zanner repeatedly instructed him to remove his pants before using the toilet. Once seated on the toilet, H.S. did not relieve himself. Subsequently, an inquiry was made with the paramedics regarding the availability of an adult diaper, which could not be provided. Instead, the paramedics provided a hazmat suit left over from the COVID period, in which H.S. was dressed and returned to the judge’s room. The sleeves were loosely tied around his body as Twana H.S. was still handcuffed.
Twana H.S. then sat upright in his chair. He called out: "I want a doctor!", "I want to see my children!", "Where are my rights?"
Twana H.S. then walked independently to the vehicle.
Twana H.S. cooperated during the pickup from the detention facility on April 10, 2024.

Fourth Document – Twana H.S. Arrest Report # 2

The Court then read out another document describing Twana H.S.’s arrest. The document detailed that the investigation was conducted based on the German Code of Criminal Procedure (GCCP). The document further provided that the police officers who arrested Twana H.S. recognized each other by their clothing. They forcibly opened Twana H.S.’s room door. At the time of the arrest, Twana H.S. was lying in bed. He was pulled out of bed with mild physical force and brought to the floor. There, he was searched for dangerous objects. After the reason for his arrest was explained, his health condition visibly deteriorated.

Following the arrest, the circumstances described in the document corresponded to those in the third document, detailed above.

Fifth Document – Twana H.S. Previous Statement before Unspecified Authority

According to the document, Twana H.S. claimed to have been poisoned at the detention facility. He remarked that he had written letters in which he requested help.

Upon inquiry by Presiding Judge Stoll, Twana H.S. was unable to specify to whom the letters had been addressed.

The document further provided that Twana H.S. had been told that nothing could be done about it. He continued writing letters, complaining that he had been drugged by security officers and tried to “convince him to commit suicide” [note: Twana H.S. used the terms “poisoned” and “drugged” interchangeably]. According to the document, Twana H.S. claimed that he had been told to kill himself by taking a razor blade and cutting both wrists lengthwise.

When asked by the Presiding Judge in court how he knew he had been poisoned, Twana H.S. responded that he experienced pain in his kidneys, side, liver, and lungs. H.S. added that, having worked in a hospital, he recognized the symptoms. He explained to the Judge that he could not identify the substance that he had been poisoned with.

The document also detailed that Twana H.S. suspected being poisoned through his food. He then complained about receiving only Ibuprofen but not being examined by a doctor. He claimed that his condition was so severe that he could not get up for hours.

According to the document, Twana H.S. also reported the same symptoms to another detention facility, where an allergy test was performed on Twana H.S., which showed that he was allergic to fine dust particles. Following the cleaning of his cell, Twana H.S. noted that when he pressed his hand against the wall, his hand turned white due to the strong cleaning detergent.

Upon a question posed by Presiding Judge Dr. Stoll, Twana H.S. explained that he had also been drugged in Landsberg, but it was less severe than in Regensburg. Twana H.S. further recounted that he always felt well around the time of blood tests, indicating that he was not poisoned then. He said that he did not know what substance he was poisoned with. According to the document, Twana H.S. also argued that due to COVID, he had been confined alone in his cell for almost 23 hours. Whenever he made complaints, only the head of security responded, who informed him that he had to remain in the facility.

According to the document, Twana H.S. signed the statement.

Sixth Document – Paramedic Report

The report from April 9, 2024 detailed that paramedic Jürgen Becker arrived at the emergency scene and examined Twana H.S. Twana H.S. complained to him of headaches, numbness on the left side, and hearing voices. The paramedic noted that, on the way to the restroom and while sliding to the floor, Twana H.S. moved his left side, even though he had previously claimed it was numb. According to the report, Twana H.S. did not provide further details regarding the voices he claimed to hear upon inquiry. The paramedic further remarked in his report that he was unable to identify any external health issues, except for slight pressure marks caused by the handcuffs.

Seventh Document – Hearing before the Investigative Judge at the BGH

[Content unclear].

Eighth Document – File Memo Regarding Arrest Report

The Court then read out a file memo relating to Twana H.S.’s arrest. It detailed that at 2:15 PM, communication with Twana H.S. was no longer possible as he was unresponsive. He slid to the floor and remained lying. Paramedics were called and arrived at the site.
The examination of Twana H.S. was very difficult. Twana H.S. complained of numbness on his left side and reported hearing voices. Paramedics could not confirm physical issues, but they could not be ruled out either.

At 2:40 PM, an emergency physician arrived and concluded that since Twana H.S. was able to follow the questioning and was “simulating.” According to the physician, Twana H.S. was supported by security personnel and groaned frequently. Apart from that, the examination proceeded without disturbance.

Testimony of the Health Professional

Following the reading of several documents pertaining to the health of the Accused, Daniel Kolb, the doctor who examined Twana H.S., appeared as an expert witness. The examination took place during the break and Dr. Kolb was asked to testify on Twana H.S.’s fitness to stand trial. The Presiding Judge reminded Dr. Kolb to testify impartially and to the best of his professional knowledge.

After providing his personal details, Dr. Kolb explained that he examined Twana H.S. this morning. According to Dr. Kolb, Twana H.S. reported that he had been repeatedly assaulted while in pre-trial detention and has, since then, been suffering from persistent headaches and bilateral tinnitus. Dr. Kolb explained that he administered 400 mg of Ibuprofen and Metamizol [a type of pain medication] at 10:40 AM to H.S. Dr. Kolb informed the Court that Twana H.S. later remarked that the pain had become more tolerable, and the tinnitus had diminished. Dr. Kolb noted that he could not confirm whether that perception was accurate.

After noting the Accused’s blood pressure (120 over 80) and pulse (70 bpm), Dr. Kolb concluded that Twana H.S. was expected to be fit to participate in the proceedings for the next one to two hours.

Reading of the Indictment

Having ascertained the Accused’s fitness to stand trial – at least for today’s hearing – the Court moved on to the regular schedule. The Prosecution then read out the indictment.

(1) [Genocide]: To have, with intent to destroy a religious group as such, in whole or in part, intentionally caused serious bodily or mental harm [Sect. 6 (1)(2) German Code of Crimes Against International Law (GCCAIL)] in conjunction with Sect. 226 German Criminal Code (GCC) and forcibly transferred a child of the group to another group [Sect. 6 (1)(5) GCCAIL]
(2) [Crimes against Humanity]: To have as part of a widespread or systematic attack against a civilian population
- conducted human trafficking and having arrogated themselves a right to ownership over that person in doing so [Sect. 7 (1)(3) GCCAIL]
- tortured a person in their custody or otherwise under their control by inflicting significant physical or mental harm or suffering on the person which was not merely the consequence of sanctions permitted under international law [Sect. 7 (1)(5) GCCAIL]
- caused serious physical or psychological harm to another person, in particular of the kind described in Sect. 226 GCC [Sect. 7 (1) (8) GCCAIL]
- deprived a person, in violation of a general rule of international law, of their physical liberty in a serious manner [Sect. 7 (1) (9) GCCAIL]
- persecuted an identifiable group or community and on religious or gender-based grounds, deprived them of, or severely restricted, their fundamental human rights [Sect. 7 (1)(10) GCCAIL]
(3) [War Crime]: To have, in connection with a non-international armed conflict, treated a person protected under international humanitarian law cruelly or inhumanly, by inflicting significant bodily or mental harm or suffering [Sect. 8 (1)(3) GCCAIL]
(4) [Domestic Human Trafficking Charges]: To have harbored a person under the age of eighteen for the purpose of sexual exploitation and enslavement, by means of force and threats of serious harm [Sect. 232 (1) (1) (a), (2) (1), (3) (1) GCC]

Twana H.S. was further individually accused of five cases committed through the same act, namely of:

having raped another person in the context of a widespread and systematic attack against a civilian population [Sect. 7 (1) (6) GCCAIL]
having raped a person protected under international humanitarian law in connection with a non-international armed conflict [Sect. 8 (1) (4) GCCAIL]
having engaged in sexual intercourse with a child [Sect. 176 (1) GCC, Sect. 176a (2) (1) GCC]

Asia R.A. was accused of having intentionally aided [Sect. 27 GCC] a person in the international commission of an unlawful act, in five cases through the same act, namely:

a crime against humanity by means of rape
a war crime by means of rape
severe sexual abuse of children

Then the facts of the case were brought forth by the prosecutors as follows:

Between October and December 2015, Twana H.S. purchased the then five-year-old girl, [redacted name], P1, in Mosul, because Asia R.A. wanted a Yazidi girl as part of a bridal gift. The two Accused claimed ownership over P1 and held her captive in various houses in Iraq and Syria. Twana H.S. and Asia R.A. subjected her to sexual and economic exploitation and physical violence, suppressed any form of free will and forced P2 to observe Islamic religious rules.

By no later than November 2015 the two Accused moved to Bazwaia, north of Mosul. There they began instructing P1, then six years old, to memorize Islamic prayers, and perform them according to their directives.

In May 2016, only a few months after the birth of Twana H.S. and Asia R.A.’s daughter, [redacted name], F1, they relocated to Raqqa, Syria, where they stayed for the next six months.

Between January and early October 2017, Twana H.S. sexually assaulted P1 on multiple occasions. Asia R.A was aware of the assaults, approved of them, and supported Twana H.S. in his actions. On at least one occasion, Twana H.S. entered P1’s room at night, undressed her and engaged in vaginal intercourse with her.

Early October 2017, Twana H.S. purchased a second, twelve-year old Yazidi girl, [redacted name], P2, at an ISIS military base in Al-Bukamal, in the province of Deir Ezzor. He brought her to a house near [redacted location] and [redacted location], where Asia R.A., [redacted name] F1 and P1 resided at the time. P2, too, was forced to adopt the Islamic faith and subjected to physical violence.

Until around November 2017, the two Accused held the two Yazidi girls captive in their house. Twana H.S. engaged in activities for the Islamic State while Asia R.A mostly remained at home. P1 and P2 were forced to manage all household duties and P1 had to care for the Accused’s daughter, [redacted name] F1. Whenever the Yazidi girls stopped working due to exhaustion or made mistakes they were physically abused by both Accused.

Twice, Asia R.A. forced the girls to stand on one leg for 30 minutes as punishment. In another instance, P2 burned the coffee, and was subsequently beaten with a broomstick by Twana H.S. Moreover, Twana H.S. subjected P1 and P2 to sexual assaults on multiple occasions, which Asia R.A approved of. On three occasions between the beginning of October and the end of November 2017, Twana H.S. had sexual intercourse with P2 against her will.

In one charged incident, Asia R.A. cleaned a room together with P2 and against her resistance, forced to bathe, dress up and wear her hair open. Asia R.A applied P2’s makeup and sent her to Twana H.S. P2 was restrained by Twana H.S and forced to engage in vaginal intercourse, without the use of contraceptive methods.

On a second occasion, Twana H.S. woke P2 in the middle of the night by hitting her feet and legs with a stick because she had not heard his calls. Then he had vaginal intercourse without the use of contraceptives while P1 slept in the same room. The third sexual assault took place while Asia R.A. was not present. He first had forced sexual intercourse with P1, which caused P1 great pain that she endured without resistance. Subsequently, the Accused also had sexual intercourse with P2 against her will.

P1 and P2 were later housed in a different location in [redacted location] together with three other Yazidi girls and their “owners.” The girls were held captive in that house and were systematically exploited and forced to carry out domestic labor by the two Accused, who always carried weapons with them. P1, in particular, was exploited, humiliated and tortured by the two Accused. In one instance, Asia R.A poured boiling water over her hands as punishment for not being able to do the work.

The indictment then mentioned that both Accused knew that the girls had been abducted and enslaved by ISIS. Twana H.S. and Asia R.A.’s actions were carried out as members of ISIS and in line with the organization’s agenda. They wanted to support the destruction of the group. They believed that the destruction of the Yazidis was achievable.

In the last third of November 2017, Twana H.S. handed over P1 and P2 to other ISIS members. P2 was ransomed by her family in 2018. P1’s whereabouts remained unknown.

The indictment continued with an explanation of the non-international conflict in Syria, since the acts of which Twana H.S. and Asia R.A. are accused of are embedded in the civil war in Iraq and Syria. The protests against the government of Bashar al-Assad escalated and developed into an armed uprising that gripped large parts of the country in early 2012. The main actors were forces united under the umbrella organization "Free Syrian Army" (FSA) and the Islamic State.

In 2013 and 2014, the conflict expanded into Iraq. In June 2014, ISIS occupied Mosul, as their stronghold in Iraq. In 2016, the city of Fallujah was liberated, and in 2017, Mosul, was recaptured.

The goal of ISIS was to establish a state governed by Sharia law in the territories of Iraq, Syria, Jordan, Israel, and Palestine. To achieve this goal, there was ground combat, the acceptance of civilian casualties, and the targeting of all individuals who did not submit to Sharia law. In August 2017, ISIS was deemed to have been militarily defeated in both Iraq and Syria without having been crushed as such. Since then, the organization has continued by way of asymmetric warfare including terrorist attacks.

One aim of ISIS was the complete annihilation of the Yazidis. There was a centrally organized attack on the Yazidi settlement area in the vicinity of the Sinjar mountains. The aim of the attack was to destroy the Yazidi religion by forcibly converting, religiously re-educating, abducting, enslaving, raping women and girls and executing men who were unwilling to convert. Mass killings took place.

Women and girls were housed in large shelters in Tal Afar, Al-Ba'aj, Badoush, and Mosul where they were held in an inhumane manner, mistreated, catalogued, and later kept as sex or household slaves by ISIS fighters.

The aim of this practice was to destroy the Yazidi religion. According to the Yazidi faith, sexual intercourse with persons outside the Yazidi religious community automatically leads to exclusion from the religious community. The rape of Yazidi women by non-Yazidi men therefore meant the loss of religious affiliation for the women concerned. This procedure was understood as a targeted component of the destruction of the Yazidi religion by ISIS. The ideology of ISIS justified the killing and enslavement of Yazidis.

Between 2000 and 5.500 Yazidi were killed by ISIS, more than 6.300 Yazidi were abducted.

Closing of the Court

After the Prosecution completed reading out the indictment, the Presiding Judge addressed both Accused, Twana H.S. and Asia R.A. Judge Stoll remarked that they had now heard the charges and that everything has been translated. He pointed out that the two Accused may comment, but do not have to. He further pointed out that they could also speak through their Defense Counsels.

Before adjourning the session, the Presiding Judge asked Asia R.A.’s Defense Counsel, Mr. Ameri, if he still intended to make a statement on June 2, 2025 to comment on the charges, which her Counsel confirmed.

The proceedings were adjourned at 1:35 PM.

The next trial day will be on May 26, 2025, at 10 AM.

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