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Wroclaw. There will be a retrial of two Iraqis accused of financing the Islamic State

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On Monday, the District Court in Wrocław overturned the acquittal of two Iraqis accused of financing the Islamic State and ordered the court of first instance to reconsider the case. – The court of first instance incomprehensibly omitted a number of circumstances – said the judge in the justification.

According to the indictment, two Iraqis – father and son, Kifah Q. and Rawoofem Q. – allegedly transferred money twice, in total over 1.2 thousand. euros, to persons taking part in an international terrorist organization – called the Islamic State (ISIS). According to the prosecutor’s office, the transaction was to take place in 2016 in bank branches in Wrocław and Germany. The money was then to be picked up in Iraq.

Read more: Content of the indictment against two Iraqis living in Poland

First verdict – acquittal

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In June last year, the court of first instance acquitted the Iraqis. The court indicated at that time that they were not aware to whom the money they had finally transferred went.

– Rawoofem Q. and Kifah Q. had no direct contact with the person to whom the money was paid in Iraq by the office staff. In this way, Kifah Q. had the opportunity to recover his money, which was impossible to transfer directly from Iraq – said judge Ireneusz Stembalski in the justification of the first instance ruling. According to the indictment, they were supposed to go to people associated with ISIS. – It is impossible to assume that the defendants, by intermediating in the transfer of money, had the intention of making it available to persons participating in an association aimed at committing terrorist crimes – said the judge.

The prosecution appealed the verdict. In the appeal, the prosecution argued that the trial court had made an arbitrary assessment of the evidence.

Iraqis in the dockTVN24 Wroclaw

The case to be reconsidered

On Monday, the District Court in Wrocław overturned the acquittal of the first instance in the appeal process and ordered a retrial of the case. Monday’s ruling is final.

Judge Piotr Wylegalski, in the verbal justification of the judgment, emphasized that the prosecutor rightly argued in the appeal that “the determination of direct or possible intent should be based not on fragments of the event, but taking into account the entirety of the circumstances in which the act was carried out”.

– The court of first instance incomprehensibly omitted a number of circumstances of the case, indicating in a standard way that some of the evidence, in its opinion, is not relevant for establishing the facts in terms of attributing guilt and perpetration to the defendants – said the judge.

He added that the first-instance court in particular had overlooked the circumstances in which the other five transfers made by the defendants to ISIS-linked individuals had been overlooked.

ISIS content on portable drives

– The court of the first instance also freely referred to the fact that the defendants had numerous files containing materials praising the ideology of ISIS and brutal executions, on which ISIS symbols are visible – said Judge Wylegalski.

The defender of the Iraqis maintains their innocence and assures them that they will also prove it in the next proceedings.

– The court paid a lot of attention to the fact that the gentlemen had films containing actually brutal scenes related to the functioning of the Islamic state, while in our opinion it completely failed to take into account the circumstances in which they came into possession of these documents – said attorney Paweł Witkowski.

– The case is very difficult, its matter undoubtedly requires re-examination and I hope that the court of first instance will carefully consider the collected evidence when re-examining the evidence, issuing a just verdict – believes prosecutor Ewelina Świątalska.

Main photo source: TVN24 Wroclaw

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