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Thursday, June 04, 2015 

Helping jihadists in Syria while still prosecuting those who come back? No, we wouldn't do that.

Speaking as we were of the deficiencies of the Crown Prosecution Service, it would be remiss not to mention the collapse on Monday of the about to start terrorism trial of Swedish national Bherlin Gildo.  Precisely what circumstances were behind the arrest of Gildo, who was only in the country to get a connecting flight to Manila, are opaque to begin with.  Stopped at Heathrow under schedule 7 of the Terrorism Act, he was charged with attending a terrorist training camp in Syria, as well as having in his possession information likely to be useful for terrorism.  And indeed, Gildo made no attempt to deny he had been in Syria, fighting alongside the al-Nusra Front, al-Qaida's affiliate in the country.  He hardly could when like so many other jihadis he was keen on posing for the camera, including with dead bodies.

Surely then another open and shut case.  Except Gildo's defence had the bright idea of bothering to put some work in for their client, and presented evidence mainly in the form of news reports on how the intelligence agencies had been secretly training and supplying weapons to armed groups in Syria.  The government has also recogised the Syrian opposition "as the sole legitimate representative" of the Syrian people, despite how the Syrian opposition mainly consists of a tiny and ever dwindling number of so-called moderates and a complete mess of Islamists of various hues, from the more radical than Hamas variety to our pals in Islamic State.

You might then have expected the prosecution to dismiss the notion the UK government had been in any way helping out a group affiliated to al-Qaida, or even the non-moderate opposition as a whole.  If they refused to, or didn't disclose the information requested by the defence, that would be a tacit admission that we haven't the foggiest idea where the "non-lethal" materiel we do know has been provided has gone, let alone the alleged shipments of weapons, wouldn't it?  It would seem so, and yet rather than dispel such an absurd notion, the prosecution instead dropped the case.

Fairly apparent is that the arrest of Gildo was a result of dealings between the authorities and the Swedish intelligence agencies.  Gildo returned home with the apparent help of the Swedes, where there have been no prosecutions of those who have gone to fight in the country.  Whether he broke an agreement he had with them, or terminated the mutual relationship they believed to have developed, it's difficult to see precisely why he would have been stop and arrested here, various jihadist propaganda found on his laptop or not, unless it was as a favour on the part of MI5.  They clearly didn't expect Gildo to end up being represented by the ever tenacious Gareth Peirce, nor that something done for reasons we'll never know could have potentially exposed the activities of MI6 in providing support to the Syrian rebels.<

The surprise is that in none of the previous prosecutions of those who've travelled to Syria to fight was a similar defence attempted.  The vast majority have involved Islamic State, which the West has never directly backed, although our allies in the Middle East may well have done, but this wasn't the case at the trial of the Nawaz brothers.  Not only did neither of the brothers actually take part in fighting, staying only at a training camp for a month, they joined a group that became part of the Islamic Front, a jihadist but opposed to Islamic State coalition of various factions.  


Despite the Crown Prosecution Service saying the dropping of the Gildo case will have no bearing on other prosecutions relating to Syria, it surely provides the Nawaz brothers with a line of appeal: if the government cannot guarantee it is not providing support to groups like the Islamic Front, then surely their conviction is unsafe.  Considering it refused to do so in a case involving al-Nusra, which is a specifically proscribed organisation, it hardly seems likely to be able to do with Junud al-Sham.  As with policy on Syria as a whole, what an utter mess, and one entirely of our own making.

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