At last week’s terrorism trial in Brussels, a man who has admitted a beheading in Syria was sentenced to five years in jail. But the judge didn’t listen to the plea of the public prosecutor to arrest him on the spot. So the man could freely walk out.
Iliass Khayari is a 25 year old Muslim born in Brussels. In December 2012, he left for Syria, apparently sent by Jean-Louis Denis. Denis is a notorious recruiter initially siding with Shariah4Belgium, but later also active in the network of Khalid Zerkani, the man who has recruited three of the perpetrators of the Paris and Brussels attacks. Khayari stayed only half a year in Syria. He returned to Belgium in June 2013 after being hit by a bullet, causing him a pneumothorax and a fractured upper arm.
But his stay in Syria was long enough to commit a cruelty there. In a phone call to a friend at home, which was tapped by the police, he told on the 3rd of May 2013 how he had beheaded a man. “I swear I did”, he said, according to a transcript obtained by the Belgian newspaper ‘Het Laatste Nieuws’. “We ripped his head off!” When asked which crime the victim had committed to deserve a treatment like that, Khayari responded: “He was a taghut, my friend. An enemy of Allah.”
That his confession was overheard by Belgian police, did not land him in jail for long time after he had returned. He was tried for membership of a terrorist organization, but when the verdict was read exactly three years after the call, he appeared in court as a conditionally free man. Khayari got five years in jail, but half of that sentence was suspended — with as one of the conditions that he cannot go to war anymore — and the judge did not honour the plea of the public prosecutor to arrest him on the spot.
So the self-declared beheader remains free until his conviction is definitive — meaning several months in case of appeal. A separate investigation was opened into the beheading, but it isn’t sure yet whether that will lead to further prosecution. In the meantime, Khayari insists that he was misinterpreted. Although he clearly stated in the phone call that he performed the beheading himself, now he says that he only witnessed it on some public place.
There is little reason to believe that he speaks the truth, however. Until now, he also insists that he never participated in any fight. But in another tapped call, he told in detail about such a battle, describing how his unit surrounded the enemy and how a comrade died. In his own version, he quickly left his fighting comrades to start working in a hospital himself. But his phone details reveal that he still was with his friends months after that.
He also says that he is not radicalized, while on his phone loads of extremist content was found. That, he says, must be saved by the Syrian man from whom he bought the device. “I’ve never noticed myself that those things were on my phone.” One of the documents however, is a text in French, titled “Why I support Fouad Belkacem” — a reference to the imprisoned Shariah4Belgium founder. Chances are slim that a Syrian man kept a document like that on his phone.
There are even tapped conversations in which Khayari makes clear how he prepared to delude the Belgian authorities after an eventual return. “I will not be sent to jail as long as everyone testifies that I only have joined the Free Syrian Army”, he once told a friend. Clinging to his lies until the end of the trial, Khayari did not show the slightest sense of guilt or remorse — which could have been an argument for the judge for being that mild.