The sixth pre-trial hearing in the Druten case was held on April 15, 2025, at the District Court of The Hague. The suspect was absent due to illness and remains in pre-trial detention.
The hearing focused on five main topics: updates to the case file, the status and planning of the investigation, the handling of written submissions, the prosecution’s motion to amend the indictment and extend detention, and the defense’s motion to suspend pre-trial detention.
New materials were added to the case file, including a psychiatric report from the Pieter Baan Centre. The report found no psychological disorder but refrained from assessing recidivism risk or the suspect’s mental state during the alleged crimes. Other additions include translated immigration interviews, reports by the investigating judge, and evidence linking the suspect to the Syrian National Defence Forces, including photos, Syrian security documents, and statements referencing two missing sons of a Syrian witness.
The investigation remains ongoing. Several witness interviews have yet to be conducted, and a decision is still pending on the appointment of a cultural anthropologist. An appeal regarding the admissibility of reinstated charges remains before the Court of Appeal, with a hearing scheduled for July 9, 2025. The prosecution plans to submit the completed case file before the next hearing on July 14, 2025. A substantive hearing is expected no earlier than 2026 due to the appointment of a new investigating judge and the court’s broader caseload.
The counsel for victims submitted preliminary civil claims, mainly concerning non-material damages such as unlawful detention, physical abuse, and psychological harm. The court encouraged the submission of formal claims before the next hearing and confirmed that Syrian law will apply unless both parties jointly agree to use Dutch law. The victims’ counsel indicated openness to Dutch law but noted that, if Syrian law is applied, an expert should be appointed to clarify its content.
The prosecution requested to amend the indictment by adding new charges based on recent documents and witness testimony and to extend detention accordingly. The prosecution argued that serious suspicions remain and that investigative grounds still justify pre-trial detention.
The defense opposed the amendment and sought suspension of detention, citing the suspect’s deteriorating health, the ongoing nature of the investigation, and concerns about the credibility of key witnesses. The defense argued that detention had exceeded a reasonable timeframe and that some testimonies showed signs of contamination or bias.
After deliberation, the court approved the amended indictment and ordered continued pre-trial detention. The court acknowledged the burden of extended detention but found no extraordinary circumstances justifying release, given the seriousness of the charges and the risk of collusion. The case involves nineteen serious offenses, many of which have international implications. The next pre-trial hearing is scheduled for July 14, 2025.
The fifth pre-trial hearing in the Druten case was held on February 17, 2025, at the District Court of The Hague. The accused, who remains in pre-trial detention on charges related to international crimes allegedly committed during the Syrian conflict, was present during the hearing.
A central issue addressed during the session was the defense’s motion to strike specific allegations based on procedural inadmissibility. The defense argued that the prosecution had explicitly stated three months earlier that it would not include certain witness-based accusations in the final indictment. This commitment, according to the defense, created a legitimate expectation that the defendant would not be prosecuted on those grounds. The prosecution later attempted to reinstate the charges, citing a shift in the victim’s security circumstances following the fall of the Assad regime.
In its argument, the defense emphasized that the prosecution’s prior position was both clear and definitive, and thus the attempt to reintroduce the accusations violated procedural fairness. This position was supported with extensive references to Dutch case law. Furthermore, the defense noted that the accused had been kept in prolonged uncertainty regarding these charges, which had negatively affected his mental state. The defendant expressed that the interrogation process had left him distressed and humiliated, making him reluctant to further elaborate on his previous statements.
After deliberation, the court ruled in favor of the defense. It concluded that the prosecution’s earlier declaration had indeed created a legitimate expectation, and that the subsequent reversal lacked legal justification. As a result, the court declared the prosecution inadmissible on this point, and the contested witness accusations will be excluded from the case going forward.
The hearing also addressed procedural requests submitted by legal representatives of the applicants/survivors. These included a request for the court to proactively engage with relevant Syrian law and jurisprudence prior to the substantive hearings, in order to prevent delays. The applicants’ counsel also called for a provisional timeline to ensure greater transparency and clarity for all parties.
Finally, the court instructed the defense to collaborate with the investigating judge in preparing initial witness questions. This effort aims to streamline the witness process and reduce the risk of secondary victimization through repeated testimony.
The next hearing is tentatively scheduled for April 15, 2025, at the District Court of The Hague.
The suspect was present at this pretrial hearing, which started at 10:00 hrs. The judge stated that additional evidence was recently added to the dossier, and inquired the parties’ positions.
The Prosecutor argued that the investigation was not yet completed. She emphasized the need for more witnesses, digital evidence, and contextual reports.
Similarly to the prosecution, the defence also called for further investigation, including hearing more witnesses.They questioned the reliability of current witnesses, citing that the information they provided consisted of generally known facts, which are less relevant. As an example, the defence lawyer described how the police had investigated whether certain information was truthful, to which a witness apparently responded that it was common knowledge spread on Telegram group chats. The defence predicted to be able to presenta more witnesses within two weeks.
Regarding the suspect’s provisional detention, the defence furthermore argued that the suspect has been detained for seven months already, which is disproportionate and unreasonable in their view. They described it as an extreme and unjustified delay, and argued that the suspect was struggling mentally. However, the suspect then provided a statement himself, expressing a desire to avoid being perceived as mentally unstable by the court.
The judge assured that the court would consider the defence’s concerns. The judge then asked the suspect how he was doing, to which he responded that he regularly meets with a psychologist, nurse, and his defence lawyer.
The judge concluded by stating that the ongoing investigation was crucial and that the court’s stance to allow the investigation to continue would remain unchanged, even when the investigation takes a long time. No concessions were and will be made given the gravity of the crimes involved.
The next session is scheduled for 10 September 10 2024, 10:00 hrs, at the District Court of The Hague.
The hearing was very short and solely centred around the question whether the accused, who was not present, can be diagnosed with post-traumatic stress disorder (PTSD). While both the prosecutor and the defence did not deem this necessary, the court decided to send the accused to the Pieter Baan Centrum, a specialised psychological centre in the Netherlands to get their advice on this question.
The accused remains in pre-trial detention as the investigation into the case by the Dutch war crimes unit and prosecutors office continues, as the possible charges are extremely serious.
The next pre trial hearing is scheduled for 18 June 2024 at 10 AM at the District Court of The Hague. A trial and ensuing decision is not expected until later this year, but more likely sometime in 2025.