Case of Iraqi brothers accused of terrorist organization. Supreme Court maintains sentence for one and reduces it for another

The Supreme Court of Justice (STJ) decided this Wednesday, November 25, to maintain the 10-year sentence for one of the defendants and, as a legal measure, to reduce that of the other defendant from 16 to 15 years, in the judgment of the appeals filed by two Iraqi citizens, brothers, against a decision by the Lisbon Court of Appeal.

At issue were the commission of crimes of membership in an international terrorist organization and a war crime, for events that occurred in Iraq, between 2014 and 2016, within the scope of the activities of the so-called Islamic State.

Amar Ameen had been sentenced to 10 years in prison for the crime of joining an international terrorist organization, 12 years in prison for committing a war crime and 16 months in prison for the crime of aggravated threat, in a legal term of 16 years.

“Considering that the facts in question were more serious, the STJ decided to increase from 10 to 11 years in prison the sentence to which one of the defendants had been sentenced for committing the crime of joining an international terrorist organization (joining the Islamic State). This same defendant was also sentenced to 12 years in prison for committing a war crime. However, the STJ concluded that the facts in question did not constitute a war crime – punishable by imprisonment 10 to 25 years – but rather a crime of international terrorism – punishable by a prison sentence of 2 to 10 years – so that, for committing this crime, he was sentenced to 7 years in prison.explains the STJ in a statement sent to newsrooms.

The brother, Yasser Ameen, was sentenced to 10 years in prison for the crime of joining an international terrorist organization, without direct involvement in war crimes, of which he was acquitted.

“In relation to the conviction of the other defendant to a sentence of 10 years in prison for committing a crime of joining a terrorist organization (membership of the Islamic State), as well as the conviction of the two defendants to the additional penalty of expulsion from the national territory for a period of 10 years, the STJ upheld the decision of the Lisbon Court”, the note reads.