ECLI:NL:GHDHA:2025:3116

Gerechtshof Den Haag · 27-08-2025 · zaaknummer 22-000304-24 vertaling

Inhoudsindicatie

The national Dutch Court of Appeal found that the defendant participated in Syria as a leader in the criminal organisation of Liwa al-Quds, a paramilitary organisation that fought in the civil war on the side of the Syrian government army between 2011 and 2017. The objective of Liwa al-Quds was to commit war crimes (violence to person and pillaging) and crimes against humanity (severe deprivation of physical liberty). In addition, the defendant contributed in 2013 to the arrest of a civilian on the instructions of the Air Force Intelligence Directorate (AFID), the most feared intelligence service in Syria. While the armed defendant kept the public at a distance, the victim was removed from his home and brought to the AFID prison in Aleppo. The defendant knew what fate was awaiting the victim there. The victim was detained under deplorable conditions and tortured by the AFID, inter alia by being beaten on the soles of his feet with a stick and subjected to electrocution. He was also threatened with summary execution. Following his release, the victim was admitted to the intensive care unit of a hospital, where two of his toes that were burned as a result of electrocution, were amputated. In doing so, the defendant co-perpetrated the crime against humanity of imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law. The defendant was also complicit in the co-perpetration of torture as an isolated crime and torture as a crime against humanity. The defendant is sentenced to a term of imprisonment of 13 years. The claim for compensation of immaterial damage on the part of the victim was assessed in accordance with Syrian law. The amount claimed of €40,000 was awarded. Art. 55 Dutch criminal code (DCC); Art. 140 DCC; Art. 226a Dutch Code of Criminal Procedure (DCCP); Art. 261 DCCP; Art. 344a DCCP; Section 1 International Crimes Act (ICA); Section 2 (old) ICA; Section 4 ICA; Section 6 ICA, Section 7 ICA; Section 8 ICA; Rome II Regulation; Art. 5 European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), Art. 6 ECHR, Art. 7 ECHR; Art. 7 Rome Statute; Art. 8 Rome Statute

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