Nasim A. sentenced for membership in a foreign terrorist organisation and for other criminal offences

The 5th Senate (State Security Senate [Staatsschutzsenat]) of the Higher Regional Court (OLG) Frankfurt/Main has sentenced the 22-year-old Nasim A. for membership in a foreign terrorist organisation, for war crimes against property and for violations of the War Weapons Control Act to a juvenile sentence of two years on probation.

No. 41/2021

After 24 days of main trial, the Senate found the following facts: At the age of 16, the defendant travelled to Syria to join the terrorist organisation „Islamic State“ („IS“). There she married Yakup E. which was born in Dinslaken, according to Islamic rite. Yakup E. was a fighter for the „IS“ as a member of the Lohberger brigade. It was the defendant’s task to support Yakup E.  in his fight in changing areas of Syria an Iraq. She did this by keeping him the household and by supplying him as intended for the wife of a fighter. After Yakup E. had been seriously injured in a bomb attack, she took care of him.

The defendant lived with Yakup E. in the city of Tal Afar in a house that  had been given to them by the „IS“. Before, the owners of the house - Iraqis of Shiite faith - had been

expelled. At least temporarily, the defendant had a fully automatic „Kalashnikov“ assault rifle of the type AK 47 which she possessed without authorisation.

The defendant spent more than four years in the domain of the „IS“. In the course of the last battles regarding the small Syrian town of Baghuz she finally went into Kurdish captivity in March 2019. After seven months in the detention centre Al-Hawl she was able to get to Turkey. From there, she was deported to Germany and was arrested when she arrived at Frankfurt Airport on 15 November 2019. She was taken on pre-trial detention until the arrest warrant was  suspended by decision of the Senate of 5 February 2021.

The defendant admitted her departure to the domain of the „IS“ and her support of Yakup E. Concerning the judgement for war crimes against property and for violations of the War Weapons Control Act, the Senate followed the credible information given by the witness Sabine S. The witness had also been in Tal Afar at the same time where she was associated with a high-ranking leader („Emir“) of the „IS“. Additionally, the Senate was able to take into account the extensive chat messages of the defendant as well as pictures showing the defendant and Yakup E. during their stay in the domain of the „IS“.

The Senate applied juvenial criminal law in view of the young age of the defendant. Within the framework of the penalty measurement, the idea of education had to be taken into account. In particular, the Senate bore in mind that the defendant spent a detention in a Kurdish detention centre and suffered pre-trial detention. Furthermore, the defendant admitted at least part of the criminal offences and distanced herself from her previous connections to the „IS“.

The enforcement of the sentence could be suspended on probation. In any case, only ten months would have been enforced after the pre-trial detention had been credited. Furthermore, the defendant intends to finish school education and has passed the entrance test for the evening secondary school.

The judgement is not yet final. The defendant, her defence lawyers and the Attorney General (Generalstaatsanwaltschaft Frankfurt/Main) have respectively the right of appeal against the judgement to the Federal Court of Justice (BGH).

Higher Regional Court (OLG) Frankfurt/Main, judgement of 28 May 2021, 5-2 OJs 24/19 - 4/20

English version: Dr. Charlotte Rau

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