Female IS member Kim Teresa A. sentenced to prison in Frankfurt

The 5th Senate (State Security Senate [Staatsschutzsenat]) of the Higher Regional Court (OLG) Frankfurt/Main on Friday sentenced the 32-year-old Kim Teresa A. to a term of imprisonment of four years for membership in a foreign terrorist organisation (Islamic State, IS) in nine cases, in six of which in coincidence with war crimes against property and other rights, and in two of which in coincidence with violations of the War Weapons Control Act. Furthermore, the Senate ordered the defendant to remain in custody.

In essence, the Senate has established the following facts:

The defendant belonged to the Islamist-Salafist scene in the Rhine-Main area as well as in the area of Bonn/Solingen since 2009 at the latest. In June 2014 the defendant travelled to Syria via Turkey with Onur E., who had married her according to Islamic rites. There they joined the „IS“ according to their decision made earlier in Germany. They planned to live in the „IS“ territory and to participate in the consolidation of the structures of domination. Shortly after arriving in Syria, Onur E. completed training as a combatant of the „IS“ while the defendant initially lived in an „IS“ woman’s shelter.

After completing his training in August 2014, Onur E. worked as a combatant of the IS in various locations in Syria. The defendant lived with him until June 2016 and followed him to his respective places of operation. In the process, she supported his combat operations and assisted him by keeping house, providing for him and nursing him in case of illness. This was expected of the wife of a combatant. During this time the couple lived from the services of the terror organisation. These services included the protection from enemies and the provision of housing free of charge. In each case, the shelters were occupied by the „IS“ whereby their legal residents had been evicted, imprisoned or killed. In addition, the two received $ 80-100 per month from the „IS“. Half of the “IS“ amount was expressly intended for the defendant as remuneration for her work as the wife of a combatant. In two cases, the defendant also possessed a Kalashnikov-type assault rifle AK-47. These weapons were always loaded. After familiarising herself with how they worked, the defendant wanted to defend herself and the „IS“ in the event of an attack.

During her stay in Syria, the defendant ran two chat groups in which life in the „caliphate“ was glossed over. One group also included women in Germany who were thinking of leaving Germany in order to join the „IS“. In the chat group, these women were given practical tips for leaving the country. The defendant intended to prevent criticism of the „IS“ and wanted to strengthen the organisation through this behaviour. When the witness Sabine S., who had also travelled from Germany to join the „IS“, made critical comments about the organisation in an internet blog run by her, the defendant reported her to an „IS“-„court“. In doing so, she initiated investigations against the witness, whereupon the latter gave up her blog.

In spring 2016, the situation in the „IS“ area became increasingly dangerous for the defendant because of the advancing opposing forces. Hence, the defendant decided to leave the area of the „IS“. Although she had not broken away from Islamist ideas, she faced increased danger to her life due to her stay in the war zone. In 2016, her husband was arrested on suspicion of trying to break away from the „IS“. As a result, the defendant entered Syrian territory held by the Free Syrian Army (Freie Syrische Armee, FSA) with the help of the witness Björn S. and smugglers. There she stayed with a family that was close to the FSA. In autumn 2020, the defendant fled Syria to Turkey with renewed smuggling assistance and returned to Germany on 2 October 2020. On arrival she was arrested at Frankfurt airport.

Through this conduct, the defendant has committed the criminal offence of membership in a foreign terrorist organisation in nine cases, in six of which in coincidence with war crimes against property and other rights (section one para. 1 of the International Criminal Code), and in two of which in coincidence with violations of the War Weapons Control Act.

Insofar as the defendant was accused of a further violation of the War Weapons Control Act, the Senate limited prosecution to the offences that led to conviction according to section 154 para. 2 of the Code of Criminal Procedure (StPO).

The decision is not yet final. The defendant, her defence lawyers and the Attorney General (Generalstaatsanwaltschaft) have respectively the right of appeal against the judgement to the Federal Court of Justice (BGH).