Tuesday 20 May 2014

Man Guilty of Syria Terror Plan

A man has today become the first person convicted of terrorist offences in connection with the conflict in Syria.

Mashdur Choudhury, 31, from Portsmouth, was convicted of engaging in conduct in preparation of terrorist acts by a jury at Kingston Crown Court.

The court heard he had travelled to Syria to attend a terrorist training camp. The prosecution said he wanted to be trained in the use of firearms and intended to pursue a ‘political, religious, or ideological cause’. It was said he had discussed his wish to become a ‘martyr’.

The father of two was arrested was arrested at Gatwick Airport upon his return to the United Kingdom.

Choudhury contended in court that he wanted to emigrate to avoid problems he faced at home. The jury did not believe his account and convicted him after a little over a day of deliberations.

Choudhury will be sentenced on 13 June and has been warned he faces a substantial sentence.

What is the law on preparing acts of terrorism?

The Offence

Section 5(1) of the Terrorism Act 2006 provides that a person commits an offence if he engages in any conduct in preparation of his intention to commit an act of terrorism or to assist others to commit terrorist acts.

What is ‘terrorism’? The effect of section 20(1) of the 2006 Act is that terrorism is defined as it is in the Terrorism Act 2000. Section 1 of the Terrorism Act 2000 defines terrorism as:
  • the use or threat of ‘action’,
  • which is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and
  • which is made for the purpose of advancing a political, religious, ideological or racial cause.

 ‘Action’ includes:
  • serious violence against a person,
  • serious damage to property,
  • endangering a person’s life (other than the life of the person committing the action),
  • creating a serious risk to the health or safety of the public or a section of the public, or
  • anything designed to seriously interfere with or seriously disrupt an electronic system. 

The definition of terrorism is very widely drawn and basically involves the use or threat of violence for political, religious, ideological or racial causes.

Therefore the offence of preparing terrorist acts is completed when an individual engages in any conduct in preparation of his intention to use or threaten violence for political, religious, ideological or racial causes, or to assist others to use or threaten violence for political, religious, ideological or racial causes.

Under section 5(3) of the 2006 Act, the offence is indictable only, which means that it is so serious that it can only be tried in the Crown Court before a judge and jury.

Section 5(3) of the 2006 Act also provides that the maximum sentence on conviction is life imprisonment.

Conclusion

Mr Choudhury can expect a significant sentence. It will be interesting to see if there are further convictions in relation to the Syrian conflict, given that that European Union’s anti-terror chief, Gilles de Kerchove, has said there are now hundreds of Europeans fighting in Syria.

What are your thoughts?

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