AUSTRIA
SUPREME COURT
OVERTURNS
JUDGMENT FOR
WAR CRIMES
IN SYRIA
Name withheld
Context
Ongoing proceedings in Austria for
war crimes committed between 2013
and 2014 in Syria
Suspect
Palestinian national, former member
of the Farouq Brigades
Country of residence
of suspect
Austria
Charges
Terrorist offences, war crimes of
murder, and violations of the 1949
Geneva Conventions
Developments in
2018
these murders were allegedly intended
to intimidate the population, to force
the Syrian army to leave the contested
area, and to threaten or destroy the
political, constitutional, economic or
social structures of the Syrian state.
Procedure
The accused sought asylum in Austria
in May 2015. He was subsequently
reported to the authorities by refugees,
whom he had told that he belonged
to the Farouq Brigades and that he
had fought against Syrian President
Bashar al-Assad. The trial opened
in February 2017 but was adjourned
shortly thereafter on medical grounds
after the accused collapsed in court.
On 10 May 2017, the accused was
found guilty on 20 charges of murder
as a war crime and sentenced to life
imprisonment by a jury in Innsbruck.
The Defense appealed the conviction,
arguing that the court failed to call key
witnesses who could testify to the fact
that the defendant had left Syria for
Turkey in summer 2013, and that he
had not taken part in hostilities from
January 2013 until his departure.
On 12 December 2017, the Supreme
Court of Justice overturned the
conviction on grounds that the failure
to question these witnesses had
violated the rights of the defendant,
and remanded the case back to the
regional court.
A retrial was scheduled to begin on 10
December 2018 before the Regional
Court of Innsbruck.
Current status
Conviction overturned; retrial ongoing
Facts
The accused is alleged to have
executed at least 20 unarmed and
injured Syrian government soldiers in
Al Khalidiya and Homs between 2013
and 2014. According to the charges,
16
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