ECLI:NL:RBDHA:2015:16102

Rechtbank Den Haag · 10-12-2015 · zaaknummer (09/842489-14), (09/767038-14 en 09/767313-14), (09/767174-13 en 09/765004-15), (09/767146-14), (09/767256-14), (09767238-14 en 09/827053-15), (09/767237-14), (09/765002-15), (09/767077-14) (english)

Inhoudsindicatie

Unofficial translation of ECLI:NL:RBDHA:2015:14365. Only the Dutch text of the full verdict is authentic. Up to six years of imprisonment for participants in a criminal terrorist organization In the terrorism trial ‘Context’, the District Court of The Hague has convicted all nine suspects – eight men and one woman – to prison sentences up to 6 years. Criminal organization with terrorist intent Six men have been convicted for participation in a criminal organization with terrorist intent. They have been sentenced to custodial sentences ranging from three years (of which one year is suspended) to six years. According to the Court, two men are followers. One of them has been convicted for incitement and sentenced to 43 days of imprisonment and two months of suspended imprisonment. The other, who has participated in a Syrian training camp for a very short period of time, has been sentenced to 155 days of imprisonment and six months of suspended imprisonment. The woman did not participate in the organization. She has been convicted for one inciting retweet and sentenced to seven days of imprisonment. Recruitment organization in The Hague The Court emphasizes that specific acts of the accused are punishable, and not their range of ideas. The Court has held that the six accused have participated in a recruitment organization based in The Hague, which incited, recruited, facilitated and financed youngsters who wanted to travel to Syria to fight there. Of these six accused, two men have been participating in the armed struggle in Syria up to now and a third man has returned from the struggle to the Netherlands. In the case of two men, the Court has imposed more severe sentences than initially demanded by the Prosecution Service. One man who had travelled to Syria was sentenced as demanded. The others received lower sentences, because their role was more limited than the Prosecution Service had assumed and they were acquitted of several parts of the charges. --- The judgment includes considerations on jurisdiction, terrorist intent, preparatory acts, incitement, recruitment for armed struggle, training for terrorism and participation in a criminal (terrorist) organization, as well as considerations on several aspects of international humanitarian law (the existence of a NIAC in Syria, the status of foreign fighters in international law and the applicability of the EU Framework Decision on combating terrorism during armed conflicts).

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