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ECLI:NL:RBDHA:2019:10647
Rechtbank Den Haag, 09/748003-18V

Inhoudsindicatie:

Prison sentence of seven years and six months for participating in the Islamic State terrorist organization, preparatory acts for committing a terrorist crime and a war crime.

The suspect travelled to Syria on 24 October 2014 and stayed there until 3 September 2016, the moment he joined the Free Syrian army. There is a payroll from IS, which states that the suspect is employed by a so-called sniper battalion. The suspect's mother stated that he received a salary from IS. There are many photos of the suspect on which he can be seen armed and in combat clothing. There are also incriminating chats in the file. During his stay in Syria, he posed next to a deceased man hanging on a cross and had his photograph taken. He then distributed this photo via Facebook. With this, he violated the personal dignity of the deceased, which resulted in a war crime.

Acquittal for two other war crimes, concerning distribution of photographs showing deceased people. For one photo there is insufficient evidence that he has distributed it and the distribution of the other photo is indeed a continuation of the humiliation and degradation of the deceased, but in itself not of such a nature and seriousness that this is simply seen as a violation of the personal dignity of the deceased person.

No ne bis in idem, despite conviction in Turkey, since the sentence was not fully enforced in Turkey. The court does take into account, the time the suspect has been detained in Turkey. Unofficial translation of ECLI:NL:RBDHA:2019:7430.

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