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R. v. Sarwar (Yusuf): Yusuf Sarwar, Mohammed Ahmed v. Regina
Appeal Judgment, 9 Dec 2015, Court of Appeal (Criminal Division), Great Britain (UK)
Sarwar and Ahmed travelled from the UK to Turkey and then Syria on 15 May 2013. Both had been in communications on social media with a number of figures discussing jihad and their plans to travel to Syria. They deceived their parents as to the purpose of their trip, which, in reality, was to become involved with anti-Assad forces. After their departure, Sarwar’s mother found a letter from him saying he planned to join Jabhat al-Nusra in Syria, and his parents then told the police.
Sarwar and Ahmed were arrested when they returned to the UK on 13 January 2014. A search of Sarwar’s luggage found over 1600 deleted pictures including those of Sarwar and Ahmed in combat zones and pictures of explosives being made. Both pled guilty to the offense of preparation of terrorist acts contrary to section 5(1) of the Terrorism Act 2006 and were sentenced to 17 years and 8 months in prison. Sarwar and Ahmed appealed the decision.
Sarwar and Ahmed claimed that once they arrived in Syria, they disassociated themselves from combat activities and offered humanitarian assistance. The Court found that while there was sustained preparation and travel, the trial court judge reached an incorrect conclusion on their involvement in combat activity. Therefore, sentences were reduced to 15 years and 3 months.
Anaclet: Auditorat Militaire v. Adjudant Chef Rwahama Anaclet
Jugement de la Chambre Spécialisée du Conseil de Guerre de la République Rwandaise, 24 Nov 1998, Conseil de Guerre de la République Rwandaise, Chambre Spécialisée, Rwanda
Saevecke: The Chief Prosecutor v. Theodor Saevecke
Sentenza, 9 Jun 1999, MilitaryTribunal of Torino, Italy
Rumanzi: The Public Prosecutor v. Aloys Rumanzi
Jugement, 18 Feb 2000, Court of First Instance of Kigali (Specialized Chamber) / Tribunal de Première instance de Kigali (chambre spécialisée), Rwanda
Bush et al.: General Prosecutor v. Bush et al.
Décision en dessaisissement de la juridiction belge, 24 Sep 2003, The Court of Cassation, Belgium
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