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In the ‘Context’ case, a large terrorism case in the Netherlands, nine individuals were found guilty of various terrorism offences, ranging from online incitement to the recruitment of individuals to travel to Syria. This case arose out of investigations into the flow of foreign fighters from the Netherlands – namely people heading to Syria in order to join various terrorist groups, including ISIS and al-Nusra. The prosecution successfully argued that an organisation existed in the Netherlands that aimed at recruiting other people to support terrorist groups in Syria and to travel to join the fighting. The case also looked into the use of social media, such as Twitter and Facebook, and its role in recruiting individuals.

The nine accused, including several individuals who had travelled to Syria, faced charges concerning incitement to join terrorist groups, the dissemination of inciting materials, the recruitment of people to travel to Syria, the participation in training to commit terrorist crimes, participation in a criminal and terrorist organisation, and other charges relating to inciting hate and defamation. The defendants were all convicted of differing offences and their sentences ranged from seven days’ to six years’ imprisonment. 

The District Court for the Western District of New York has accepted a guilty plea by Mr. Mufid Elfgeeh and subsequently sentenced him to 22.5 years’ imprisonment for his role in encouraging support for IS, recruiting individuals to fight in Syria and providing financial assistance to those attempting to fight for the terrorist group. Mr. Elfgeeh pleaded guilty to part of the original charges laid against him on 17 December 2015 following his arrest in May 2014. The court records demonstrate that Mr. Elfgeeh had been trying to recruit FBI informants and that his activities had been monitored for a significant period of time prior to his arrest. 

Tairod Pugh is an US citizen and a US Air Force veteran who was convicted for providing material support to a terrorist organisation by attempting to travel to Syria in order to join ISIL, and obstruction of justice. After having worked in the Middle East for more than a year as an airplane mechanics, Pugh attempted to reach Syria through Turkey. On 10 January 2015, the defendant took a plane from Cairo and landed in Istanbul airport. As he refused a search of his laptop by the Turkish authorities, he was denied entry and was sent back to Cairo. Upon his arrival, he was detained by the Egyptian authorities who found damaged electronic devices in Pugh’s possession. On 15 January, he was deported from Egypt to the US and was arrested the following day in New Jersey. Pugh’s conviction is the first one after a trial by jury in the US involving an individual who attempted to travel to Syria to join ISIL. On 31 May 2017, he was sentenced to 35 years in prison.   

Anjem Choudary and Mohammed Mizanur Rahman were charged with inviting support for the Islamic State, which is designated as a proscribed organisation in the United Kingdom. Both men are well-known speakers who have publicly supported the Islamic State, including by attending protests at which Islamic State banners were displayed.

While Choudary and Rahman’s speeches did not explicitly invite violence, the Court found them to be clear statements of support for the Islamic State, based on the common-sense meaning of the word “support.” According to the Court, “support” is not limited only to assistance that is practical or tangible, but also extends to support in the form of endorsement of approval of a proscribed organisation.

Finally, the Court addressed the appellants’ contention that the law in question violated their right to freedom of expression. The Court found the right to freedom of expression to be not absolute, specifically when the law prescribes the criminalization of the conduct and its purpose is to respond to issues such as national security which are listed in the European Convention on Human Rights.

In April 2016, Mr. Junead Khan was convicted by a jury verdict of attempting to travel to join terrorist organisation ISIL in Syria and of plotting to attack US personnel on military bases in the UK. The evidence showed that Mr. Khan had obtained bomb making instructions, a manual on life in ISIL and that he was attempting to acquire a marine combat knife. He had also been in contact with a jihadi fighter in Syria who offered him the addresses of soldiers to attack. He was convicted with his uncle, Shazib Khan, and was sentenced in May 2016 to life imprisonment.