Father, conspirators again convicted of kidnapping Amsterdam girl, taking her to India
Shehzad Hemani was convicted on appeal for orchestrating the violent kidnapping of his daughter, Insiya, in September 2016. The Amsterdam Court of Appeal upheld a District Court ruling on Monday, and ordered Hemani to serve eight and a half years in prison. The court expressed disdain at the callous and violent nature of the abduction, and again convicted five co-defendants for taking part in the plot. They were ordered to serve up to four years behind bars.
A meticulously planned kidnapping tore the two-year-old girl away from her maternal grandmother’s home in Amsterdam-Oost. The incident unfolded during a contentious divorce between Hemani and the girl’s mother, Nadiya Rashid. Prosecutors alleged Hemani orchestrated the abduction, recruiting accomplices – some even from abroad – and paying them to snatch the child.
"The father brought together a group of seven people as a project-driven organization specifically created for this purpose," the court wrote. The court said former police officer Huibert B. carried out surveillance the day of the abduction. One suspect, Robert B., was armed with an electroshock weapon, and said he used it to pistol-whip Insiya's aunt as she tried to prevent the kidnapping. "A neighbor who came to the aunt's aid was also tasered."
Meanwhile, the court said the young girl was spirited off and handed over to Hemani, who took Insiya to Germany by car with co-conspirators Daniel C. and Erik S., according to the verdict. They took her to India, and "she remains there to this day," the court noted.
"The court finds that this project-based nature contributes significantly to the seriousness and criminality of the facts: the kidnapping of a defenseless toddler as a project with a clear mission; the sterile planning and execution by people with a police and military background. Insiya was abruptly torn away from her familiar surroundings. There is no doubt that this event was very traumatic for her. The consequences are also very serious for her mother and other loved ones who remained behind after the kidnapping," the court wrote in a statement.
Prosecutors had recommended a nine-year sentence against Hemani, as he was accused of masterminding the abduction of his daughter nearly eight years ago. The court agreed, but took off six months because of the lengthy duration of the criminal procedure.
Rashid spoke extensively in court on behalf of herself and also Insiya, as she currently has full legal custody and parental rights under Dutch law as the result of the kidnapping and ensuing court decisions. Rashid has appeared in court again and again, as her ex-husband has repeatedly put up roadblocks to prevent her from even having minimal contact with the girl, who is now 10 years of age. She accused Hemani of being “sadistic” and only looking to punish Rashid for the divorce without truly weighing their daughter’s needs.
Rashid said she has only spent two hours speaking with Insiya over Skype since 2016, blaming her ex-husband for the lack of contact. “I will not stop until Insiya is back home, here in the Netherlands, with me,” Rashid said in court.
Prosecutors also demanded 18 to 50 months of jail time for the five co-defendants accused of carrying out the kidnapping. Daniel C. and Erik S. were both given four-year prison terms, and Robert B. was ordered to serve three years in prison by the Court of Appeal.
Huibert V. was accused of informing his conspirators when Nadiya Rashid left Insiya with her extended family, which triggered the abduction. For his role, he was ordered to serve nine months in prison. He was the only defendant to actually appear in court. Liz S., the daughter of Erik S., was accused of driving one of the kidnappers away from the home in a getaway car. She was ordered to serve four weeks in jail, and 240 hours of community service.
Willem V. was not part of the joint appeal. He was previously convicted for his part in the crime, and ordered to serve a year in jail.
The OM said it was “an unprecedented child abduction by Dutch standards” during the appellate hearing. The District Court of Amsterdam convicted Hemani in absentia in 2020, and sentenced him to nine years in prison. He lives in India, but was represented by an attorney at both the lower court trial and at the Court of Appeal hearings.
The OM said Rashid’s statement “makes it very clear, in all respects, what the enormous impact of this case has had on her life and that of her family members.” The OM also noted that the case has dragged on for years, and took that into account when making their sentencing recommendations.
