An alleged Dutch jihadi who is thought to have died in Syria can still be prosecuted for terrorism, The Hague’s appeal court said on Wednesday.

The court said there is no definitive proof that Soufiane Z is dead, so the public prosecution department can press ahead with its case against him.

Z is one of 10 Dutch alleged jihadis on trial in The Hague for terrorism offences. He first hit the headlines with the video Oh, Oh, Aleppo but nothing has been heard from him for months and he is now presumed dead.

The lower court said earlier the case against Z should be dropped because he had been killed, prompting the public prosecution department appeal.

Being a member of a terrorist grouping is a criminal offence in the Netherlands, whether or not any terrorist acts have been committed.

Two other members of the alleged group are known to be in Syria and are being tried in absentia. Of the seven other defendants – six men and one woman – all but one have been released from custody as the trial progressed. Two of the nine are Muslim converts.

The court is due to give its verdict on December 10.