18
A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
“Like the other Appellants, [the second applicant] is not charged in these
proceedings with a series of individual offences. The issue is whether, taking the
evidence as a whole, it is reasonable to suspect him of being an international terrorist
(as defined). When we look at the material before us, as we do, we treat it
cumulatively. It might be that the material relating to fraud alone, or to clothing alone,
or to videos alone, or to associations, would not by itself show that a person was in
any way involved in terrorism or its support. But we need to assess the situation when
various factors are found combined in the same person. Those factors are as follows.
First is his involvement in acts of fraud, of which he must be aware but of which he
seeks to provide no explanation, excusing himself apparently on the ground that he is
not aware which particular act or acts the Secretary of State has in mind. Secondly, he
has been involved in raising consciousness (and hence in raising money) about the
struggle in Chechnya, and has been doing so in a specifically Islamic (rather than a
merely humanitarian) context, using and distributing films which, according to the
evidence before us, tend to be found in extremist communities. In the generic
evidence, we have dealt with the Chechen Arab Mujahaddin and the significance of
support for it which we accepted is given in full knowledge of its wider jihadist
agenda. ... [He] has done so as a close associate of Abu Doha. Given the information
we have about Abu Doha which, as we have said, we have no reason to doubt, we
regard [the second applicant’s] claim that Abu Doha was doing nothing illegal (save
that he was hiding his activities from the Russians) as entirely implausible. ... [He] has
had associations with a number of other individuals involved in terrorism. They are
for the most part specified by name in the open case but are not mentioned in his own
statement. ...
These are the five features which meet in [the second applicant]. No doubt the
Secretary of State could have made his case by demonstrating various combinations of
them in a single person. With all five, we regard the case as compelling. We are
entirely satisfied that the Secretary of State is reasonable in his suspicion that [the
second applicant] supports or assists the GIA, the GSPC, and the looser group based
around Abu Doha, and in his belief that at any time [the second applicant] is in the
United Kingdom his presence here is a risk to national security.”
3. The third applicant
37. The third applicant is of Tunisian nationality, born in 1963 and
resident in the United Kingdom from about 1994. He was certified by the
Secretary of State on 18 December 2001 and detained the following day.
38. In its judgment of 29 October 2003, dismissing the third applicant’s
appeal against certification, SIAC observed:
“The case against the Appellant, as framed in the open material, is that he is a key
member of an extreme Islamist group known as the Tunisia Fighting Group (TFG). It
is said that this group was formed during 2000 and had its origins in the Tunisian
Islamic Front (known as the FIT since the name is in French). Its ultimate aim is said
to be to establish an Islamic State in Tunisia. It is further asserted that the Appellant
has been in regular contact with a number of known extremists including some who
have been involved in terrorist activities or planning. Both the FIT and the TFG are
said to have links with al-Qaeda.
The open material deployed against the Appellant is not at all substantial. The
evidence which is relied on against him is largely to be found in the closed material.