Germany: Anti-Semitic refugee gets away with a warning for the second time

Musaab AA published the 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 Festival of Sacrifice."with a red heart emoji.

Four years passed before the then 20-year-old refugee from Aleppo (Syria) had to answer before the district court in 2021. But "because of delays in maturity due to his flight history" he got away with a warning under juvenile criminal law.

The chief public prosecutor from the “Centre for Hate Crime” considered the warning “too little” and appealed in December 2021. Especially since the defendant showed no remorse. He also gave the BZ photographer a finger after the end of the process.

On Monday, therefore, the district court had to rule on Musaab AA (now 25 years old) in the second instance. He himself was silent on the allegations (approval of criminal offenses and disturbance of the public peace).

For the chief public prosecutor it was “not an isolated act”. In March 2019, AA received 15 months probation for dangerous bodily harm. And in December 2019, a fine for anti-Semitic graffiti.

For him, the accused shows "a blatant disregard for the law". There is a “considerable need for education” for the “violent-prone” defendant who has no job and no stable environment.

Although in Germany since 2015, Musaab AA has only been attending a German course for a month. The prosecutor's application: eight months youth imprisonment. The defense again requested acquittal.

The sobering decision: The court was of the same opinion as the district court colleague. And dismissed the appeal of the attorney general's office.

The accused publicly approved "the slaughter of that family in the West Bank". But the judge also speaks of maturational delay, and “significant personality defects”.

Regarding the warning, the judge said: "It is the right remedy. It is sufficient.” But the judge warned: “You just missed a tougher sanction.”

Source: B.Z. Berlin