Higher Regional Court Frankfurt/Main sentences Mustapha B. to a juvenile sentence of one year and three months
After eight days of main trial, the Senate found the following facts:
The defendant, who was inspired by Salafist ideas, travelled to Syria in July 2013 together with five other young men. He intended to join an Islamic organisation which had fought against the troups of the Assad regime in the Syrian civil war. In 2013, this organisation called „Daula Muhajirin“ had joined the terrorist organisation Islamic State („IS“). In a military base near Aleppo, the organisation trained voluntary recruits for armed battle. The defendant was registered by the IS as a fighter and was present for one month in the military base. In this time period, he took part in training units regarding the protection against airforce attacks and group sessions regarding religious and combat-related topics. He also participated in constructing sanitary devices for the community of the military base.
However, there was no proof that the defendant received a training as a combattant or that he participated in fighting actions. Consequently, the defendant was not sentenced for participation as a member of the IS, but only for supporting this terrorist organisation.
The Senate applied juvenile criminal law in view of the defendant’s young age. When the defendant returned to Germany in November 2013 he was twenty years old.
The juvenile sentence was conditionally suspended since the defendant renounced his previous Islamist belief and departed from his previous Salafist connections. Furthermore, the defendant passed his secondary school certificate in the meantime and intends to start a higher university education. The Senate included obligations and instructions in its judgement in order to support this positive development.
The decision is not yet final. The defendant, his defence lawyers and the Attorney General (Generalstaatsanwaltschaft) have respectively the right of appeal against the judgement to the Federal Court of Justice (BGH).
Higher Regional Court (OLG) Frankfurt/Main, judgement of 25 May 2020, 5-2 OJs 14/17 - 3/18
English version: Dr. Charlotte Rau