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Prosecutor v. Omar H.

Appeal Judgment, 27 Jan 2015, Court of Appeal of The Hague, The Netherlands

On 27 January 2015, the Hague Court of Appeal convicted Omar H. for training for terrorism and making preparations to commit arson and/or an explosion. Thus, the Appeals Court agreed with the District Court of Rotterdam that Omar H. had prepared to commit arson and/or an explosion. However, it distanced itself from the District Court’s finding that Omar H. had not trained for terrorism as, according to the District Court, his actions could not be considered as “training”. On the contrary, the Hague Court of Appeal decided that training for terrorism had to be interpreted broadly. Researching how to make bombs online, and buying items to make explosive devices in light of Omar H’s interest in jihad and travel to Syria were sufficient to prove he had trained himself to commit a terrorist crime. Omar H. was sentenced in total to 18 months’ imprisonment by the Court of Appeal.  


Prosecutor v. Mouhannad Droubi

Judgment, 26 Feb 2015, Södertörn District Court, Sweden

On 26 February 2015, Syrian citizen Mouhannad Droubi was sentenced by the Södertörn District Court in Sweden to five years in prison for crimes against international law (war crime) and gross assault. Droubi, who fought for the Free Syrian Army against the pro-government forces in the Syrian conflict, had taken refuge in Sweden and was granted residency in 2013. In July 2014, the Swedish police discovered a video of him, along with at least five other FSA fighters, violently assaulting a man who appeared to be a pro-regime fighter with a truncheon and a whip. The decision was overturned several times on appeal, leading to the final judgment of 5 August 2016 in which the accused was sentenced to 8 years’ imprisonment.    


Harun P: Prosecutor v. Harun P

Judgment, 15 Jul 2015, Oberlandesgericht München, Germany

On 15 July 2015, German foreign fighter Harun P was convicted of membership in a foreign terrorist organisation and attempted murder in relation to his time in Syria in 2013 and 2014. Harun P had travelled to Syria in 2013 and joined the terrorist group Junud al-Sham. Subsequently, he confessed to participating in a large scale attack on a prison in Aleppo and to firing a mortar blindly into a populated industrial area in Syria. Since his return, he has distanced himself from his former views and cooperated significantly with the police. Harun P was ultimately sentenced to 11 years’ imprisonment.


Burcu T.: Prosecutor v. Burcu T.

Judgment, 22 Jul 2015, District Court of Rotterdam, The Netherlands

On 22 July 2015, Burcu T., a Dutch national, was found guilty of violating the 1977 Dutch Sanction Law by transferring just over €2000 to an intermediary in Turkey as she ought to know the money would end up in the hands of terrorist groups. Burcu T. had been engaged to [T], who had informed her he was a member of the Taliban, and the court found that she ought to have known it was likely that the money she transferred would go to jihadist groups. In the same judgment, Burcu T. was acquitted of participating in a terrorist organisation due to a lack of adequate proof; the fact that the defendant was in a relationship with a terrorist and that she possessed documents, photos and videos linked to the jihad did not mean that she was a terrorist herself. She was sentenced to six months of imprisonment.


Hamza B et al.: Federal Prosecutor v Hamza B, Harris C-K, Abdelfattah A, Younnes HA, Kamal A and Sami L

Judgement, 6 Nov 2015, Tribunal de Première Instance Francophone de Bruxelles, Belgium

On 6 November, a Belgian Court handed down its judgment in a case concerning five foreign fighters and another individual who assisted the fighters travelling from Belgium. The foreign fighters had travelled to Somalia or Syria where they had joined jihadist groups, including Al-Shabab and Jabhat al Nusra. One of the accused, Kamal A, is thought to still be fighting in Syria with Jabhat al Nusra and another, Sami L, is believed to have died while carrying out a suicide attack in Iraq. The defendants received sentences ranging from 3 to 10 years’ imprisonment for having participated in the activities of a terrorist group via their various actions of support, assistance or actual fighting in the conflict. 


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