Indictment Filed on Counts of Membership in the Foreign Terrorist Organisation ‘Islamic State’, War Crimes, and Murder

Year of issue 2024
Date 18.01.2024

On 2 January 2024, the Federal Public Prosecutor’s Office filed charges against

the Syrian national Moustafa M.

before the State Security Chamber of the Koblenz Higher Regional Court.

There are sufficient reasons to suspect the accused of membership in a foreign terrorist organisation (section 129 para. 1 no. 1 of the German Criminal Code [StGB], section 129 para. 1 sentences 1 and 2 StGB), war crimes against persons (section 8 para. 1 nos. 1, 2, 3 and 7, para. 4 of the German Code of Crimes against International Law [VStGB]), attempted war crimes against persons (section 8 para. 1 no. 1 VStGB, sections 22, 23 StGB), and murder (section 211 para. 2 StGB). He is also charged with war crimes against property (section 9 para. 1 VStGB).

In essence, the indictment sets out the following facts:

In May 2015, Moustafa M. joined the foreign terrorist organisation ‘Islamic State’ as a member in Syria. Acting on behalf of the organisation, he assumed, among others, guard duties and participated in the arrest of civilians. On different occasions in late May or early June 2015, the accused and fellow IS fighters held two individuals captive for several hours each. The group threatened to kill the victims if they or family members (who were high-ranking employees at a mining company) did not cooperate with the ‘Islamic State’. In early June 2015, Moustafa M. participated in the execution of two fighters of the Free Syrian Army (FSA), following a death sentence issued against them by the ‘Islamic State’. The accused transported the captives to the place of the execution and guarded them until they were shot dead. Shortly thereafter, he took another two captured FSA fighters to their execution. One victim was repeatedly shot in the head. The other was tied with a rope to the back of a vehicle and dragged to death at a speed of 40 km/h and higher. On another occasion at a roadblock, Moustafa M. fired several shots in the direction of an unarmed person within short distance at a roadblock; the individual was however able to escape. Furthermore, the accused helped with the occupation of a house used by members of the ‘Islamic State’ after the owners had been expelled.

The accused was arrested on 21 March 2023. He has been in pre-trial detention ever since (see Press Release No. 14 of 21 March 2023).