On 26 June 2024, Trial Chamber X convicted Mr Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud of eight counts of war crimes and crimes against humanity, including torture, inhumane acts, sentencing without due process of law, mutilation and persecution on religious grounds. These crimes were committed in Timbuktu, Mali between May 2012 and January 2013.
The Chamber found that a very high number of victims were persecuted on religious grounds. It found that Timbuktu's entire population was targeted and deprived of their fundamental rights, including through violence, intimidation and restrictions, which particularly affected women and girls.
On 20 November 2024, the Chamber sentenced Mr Al Hassan to 10 years of imprisonment, and recently issued an order to advance the reparation proceedings as efficiently and expeditiously as possible.
I have taken note that, today, Mr Al Hassan has discontinued his appeal against his conviction, and has chosen not to appeal the Sentencing Judgment.
I also note that in withdrawing his appeal, Mr Al Hassan has asked for forgiveness from all those he harmed and from all the victims of Timbuktu from May 2012 to January 2013 whose suffering is detailed in the Trial and Sentencing Judgments. Mr Al Hassan also stated that he firmly opposes any forms of extremism, especially those affecting women and girls, because they fuel hatred and division, and undermine the values of justice and humanity.
I have accordingly decided to discontinue the Prosecution appeal against the Trial Judgment, and not to appeal the Sentencing Judgment.
As Prosecutor, I had focused the appeal on the minority separate opinion of Judge Mindua, who would have acquitted Mr Al Hassan based on the defences of duress and mistake of law. That opinion-in combination with the separate opinion of Judge Akane-had resulted in Mr Al Hassan's acquittal for the crimes of forced marriage, sexual slavery and rape, and gender persecution.
With the withdrawal of appeals by both parties and their decisions not to appeal the sentence, Mr Al Hassan's conviction and sentence can now become final.
All victims of Mr Al Hassan's crimes may seek reparations before the Court. Reparation proceedings for the crimes that took place more than ten years ago may now be expedited. I consider that closure in the case provides certainty to the victims and thus advances the interests of justice.
My Office remains committed to prioritising the investigation and prosecution of gender-based crimes, consistent with its established policies.
