The appeal returns the Drnjani case for retrial, saying that the factual situation was not fully assessed

Former ISIS member Murat Dërnjani will be retried for crimes against humanity in Syria and Iraq. The Court of Appeals ruled that the Basic Court, when sentencing him to 20 years in prison, did not fairly and fully assess the factual situation of the case.

The Court of Appeal has returned for retrial the decision of the Constitutional Court, by which it sentenced Murat Dërnjanin to 20 years in prison, accused of crimes against humanity against girls of the Yazidi community in Syria and Iraq.

The court convicted the former member of the terrorist organization "Islamic State" (ISIS) in July of last year, finding that the testimonies of the injured parties and witnesses, including those read, were interconnected.

However, the second instance found that the Basic Court did not fairly and completely assess the factual situation of the case.

"It results that the first instance court has approved the proposal of the Special Prosecution Office for the reading of the statements of witnesses MOK, JFAK, FOKS, ZBFK, ASH and Sh.BL, given in the investigative phase. Although the victims' defense counsel has supported this proposal, the content of the minutes does not result in a clear and express consent of the defense and the accused for the reading of these statements. Despite this, the first instance court has decided to read the statements without providing concrete justification regarding the legal basis on which this procedural decision was based," the decision states.

Derjani was also accused of sexual violence and enslavement of women from the Yazidi community.

According to the Court of Appeal, the first instance court did not provide any reasons regarding mitigating circumstances when deciding on the sentence.

"The court of first instance, without emphasizing in its decision any justification, did not provide why it did not find mitigating circumstances, why in the specific case there are only aggravating circumstances when deciding on the sentence, so that the criminal sanction-sentence imposed on the accused is contrary to the general rules on the measurement and fair determination of the sentence. Taking into account these circumstances, it appears that the judgment of first instance is contrary to the rules for the measurement and imposition of the sentence, which circumstances the court of first instance should have assessed and within these circumstances it should have given proper reasons since they present decisive and important facts for taking a fair and lawful position regarding the amount of the sentence imposed," the Appeals decision states.

The Special Prosecution Office has indicted Dernjani earlier. He had pleaded guilty to participating in a terrorist group.

Dernjani was surrendered to Turkish authorities in August 2017, after leaving territory under ISIS control, as the prosecution had announced with the permission of ISIS superiors.