Rechtbank Den Haag

Inhoudsindicatie

English translation of ECLI:NL:RBDHA:2024:6256 Art 6 Wim; Arts 96, 140a, 255 Dutch CC; 6 Wim; Art. 126v Dutch CCP. Acquittal of the war crime of pillaging. Conviction of a Dutch female who left the Netherlands for participation in IS, promotion of offences with terrorist intent, and placing two children in a helpless state by taking them to a war zone and remaining there. Rejection of the defence of unlawfulness in respect of the 126v agreement. The accused travelled to Syria with her husband and two children (aged 4 and 5) in 2014 and stayed there until 2022. Her husband joined IS and worked for the morality police (Hisba). Together with him, the accused maintained a joint household and benefited financially and materially from IS. The accused also identified herself with IS ideology and possessed a firearm. Although the accused was given residences through the intervention of IS and did not pay rent, pillaging cannot be proven, as it is unknown to whom the residences originally belonged, and it cannot be established that their permission for the accused's stay was lacking. Reasoned rejection of the defence’s argument that information obtained from the accused's mother – partly on the basis of an article 126v agreement – was unlawfully obtained. The use of a article 126v agreement is not contrary to article 8 ECHR. Sentenced to a term of imprisonment of 48 months, of which 12 months are suspended with a probation period of three years and special conditions (immediately enforceable). Applied sentencing framework: a term of imprisonment of six years for participation in a terrorist organisation; two years for placing children in a helpless state by travelling to a war zone with them. Diminished criminal responsibility and residence in Kurdish detention camps are considered to be mitigating factors.

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