It was a strange process, the accused with a conditional fine for the main and an acquittal for the second accused, came to an end. Sometimes, the military judge dealt with understanding and even with Humor, with the two accused and their defenders. In hall, the Federal criminal court in Bellinzona of military justice for the three-day process had provided, there was a much less spiteful mood, as if it goes in the same place in front of civilian judges to the Islamists and terrorist propaganda. Was shot at the end with the cannons on sparrows?
Constable Johan Cosar from Locarno belonged to the beginning of 2013 to the co-founders of the Assyrian-Christian militia MFS in the North-East of Syria. This fought together with allied Kurdish associations, against the terrorists of the Islamic state (IS) and other jihadis.
Cosar, however, was traveling in 2012 with a tourist visa to Syria, where his father held an important Position in a party, the Assyrian minority. Initially, he was active as a journalist, he wanted to report from Syria about the Revolution. For this he travelled in the country, at a time when this was still possible. His initial motive was, therefore, not the armed struggle.
defended After Syria's army had cleared the North-East, appeared then more and more militant Islamists and jihadis. This rush was Cosar, according to his own words before the election, either together with the Christian minority to go down or to fight, and to fight back.
he then, as he claimed, quite convincingly, the border to Turkey or to Iraq, not crossing and not in front of the jihadi threat in security could bring, did not believe him, the five uniformed judges, apparently. He didn't defend in Syria, only his Christian Relatives and Acquaintances against the IS, but also the Western democracies and their values, stressed Cosar several times. Actually, he deserve to be no criminal proceedings, but an order.
The Auditor, the Prosecutor of the army, accused him of in addition to foreign military service is still recruiting adherents for the Christian militia. This was the only charge against Cosars Cousin, the widely used from Switzerland via Facebook Propaganda for the MFS and fighter had enlisted. The Auditor was not able, however, to prove that the two Christians knowingly Swiss to fight in Syria had to be enticed. Because the contacts were made via the Internet, was the question of the exact nationality of the recruits is of minor importance. It was at this point for both accused to be acquitted.
The military court had a certain understanding for the motives of the accused. Photo: Alessandro Crinari (Keystone)
The constable was convicted in the Main count to a conditional fine of 90 daily rates. The presiding judge said the mild judgment with the close ethnic and religious ties, the Cosar've felt enjoyed with his Syrian suffering. Thus, the military court had a certain understanding for the motives of the accused. This Mild it is not, however, have to be understood as a free pass for other Swiss, military groups to join in fighting the IS.
unlike the jihadis who went to fight for a criminal and bloodthirsty terror organization to Syria and Iraq, has been in the Ticino, for comprehensible reasons, why he risked his life. Added to this is a crucial difference in the legal sense, that jihadis violate the civil law on the prohibition of the IS or the criminal article of the criminal organizations. Support of a terrorist organization, even without their own complicity in war crimes of a very different quality than the "foreign military service".
Despite the mild judgment, Johan Cosar announced that, in a first reaction, a further Appeal. Whether he can hope to see in the next higher instance to be more understanding, however, is questionable.
The process around two dozen Assyrians from all over Switzerland followed initially. They carried posters with Assyrian symbols and slogans, according to which the fight against the IS is not a crime. The procedure leaves a stale aftertaste, as a Swiss court has convicted for the first Time, a Syria-returnees – a Anti-IS fighters and not the jihadis. Several methods against the Islamists are pending.
Created: 23.02.2019, 07:06 PM