Musaab A. A. had posted a crime scene photo of a massacre of a Jewish settler family in the West Bank (three dead) on Facebook in 2017. With the comment: “Blessed Feast of Sacrifice.” Accompanied by a red heart emoji.
Four years passed before the then 20-year-old refugee from Aleppo (Syria) had to answer to the district court in 2021. But “due to delays in maturity caused by his flight history” he got off with a warning under juvenile criminal law at the time.
“Too little”, the senior public prosecutor from the “Hate Crime Centre” found and appealed in December 2021. Especially since the accused showed no remorse. He also gave the newspaper photographer the finger after the end of the trial.
On Monday, the district court had to decide on Musaab A. A. (now 25 years old) in the second instance. He himself remained silent on the charges (approval of criminal offences and disturbing the public peace).
For the senior public prosecutor, it was “not an isolated act”. In March 2019, A. A. was given 15 months probation for dangerous bodily harm. And in December 2019, a fine for anti-Semitic graffiti.
For him, the accused showed “a blatant disregard for the law”. The “violence-prone” defendant, who has no job and no stable social environment, has a “considerable need for education”.
Although he has been in Germany since 2015, Musaab A. A. has only been attending a German course for one month. The prosecutor’s motion: eight months juvenile sentence. The defence again asked for acquittal.
The disappointing ruling: The court was of the same opinion as the district court colleague. And rejected the appeal of the public prosecutor’s office.
The accused had publicly approved of “the slaughter of this family in the West Bank”. But the judge also spoke of delays in maturity, of “considerable personality deficiencies”.
Regarding the warning, the judge said, “It is the right remedy. It is sufficient.” But the judge warned: “You have slipped by a hair’s breadth from a harsher sanction.”
