Today marked the conclusion of the substantive hearing in the Hasna A. case, a landmark trial which is the first case in which an individual is being prosecuted in the Netherlands for crimes committed against the Yazidi community. The defence got the opportunity to present its case during today’s hearing, followed by rebuttals from the victims’ lawyers and the public prosecutor.

The defence emphasised the suffering of the victims, asserting that while the accused is not comparable to the victims in terms of suffering, she was also a victim of ISIS, having been a vulnerable individual when recruited.

The defence is of the opinion that there are inconsistencies in the victims’ statements, particularly when compared with previous statements made at different institutes and organisations, suggesting that recent statements may be exaggerated or untrue.

The defence also argued that the accused’s actions and behaviour do not meet the criteria for the crimes listed in the indictments, specifically the crime of slavery.

The defence concluded that they are of the opinion that the accused should be acquitted on all charges. However, if found guilty, they requested leniency in sentencing due to the personal circumstances of the accused and also highlighted the risk of an uncertain future if proven guilty. The accused can lose her Dutch citizenship as she has dual nationality.

The lawyers for the victims addressed the issue of damages, arguing that the fact that the damage occurred in another country and under different laws does not prevent a Dutch judge from providing comprehensive justice for the victims which includes damages in accordance with the laws of another country. They highlighted the broader role of criminal proceedings in providing victims access to justice and demonstrating justice to the public, evidenced by the public’s attendance at the hearing and the participation of Iraqi universities via livestreams.

In their rebuttal, the prosecution disagreed with all points raised by the defence. They asserted that the accused intentionally participated in all the crimes listed in the indictments. The prosecution supported the victims’ lawyers on all points and requested the judge to award damages to the victims. They reiterated that criminal proceedings are not only about administering justice but also about ensuring that justice is visibly done, quoting the saying: “justice must not only be done, it must also be seen to be done.”

The defence responded to the prosecution’s rebuttal and the explanations provided by the victims’ lawyers and reaffirmed their previous stances. As a last note the defence thanked all participants of the court for their respectful interactions.

The accused chose not to exercise her right to the last word.

The judge thanked all parties for their courteous behaviour and the public for their participation both inside and outside the courtroom.

The judgment in the Hasna A. case will be delivered on December 11, 2024, and will also be broadcasted via livestream.

The Nuhanovic Foundation and Yazidi Legal Network will continue to provide updates on the case going forward, and we will be sharing a detailed trial report of the Hasna A. case in the following days.

For press inquiries, please contact:
Raghav Sarma
Communications Manager
raghav@nuhanovicfoundation.org