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CRIMINALIZATION & PROSECUTION OF TERRORIST OFFENCES. Michèle Coninsx Vice President of Eurojust, National Member for Belgium, Chair Counter-Terrorism Team Special meeting of the counter-terrorism committee with international, regional and subregional organizations 20 April 2011, Strasbourg.
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CRIMINALIZATION & PROSECUTION OF TERRORIST OFFENCES Michèle ConinsxVice President of Eurojust, National Member for Belgium, Chair Counter-Terrorism TeamSpecial meeting of the counter-terrorism committee with international, regional and subregional organizations20 April 2011, Strasbourg
Framework Decision of 28 November 2008amending Framework Decision 2002/475/JHA on combating terrorism • National Implementation in the EU- Member States • Practical applications
MEETINGS AT EUROJUST • Operational • Tactical • Strategic
Terrorism Convictions Monitor • Regular overview of the terrorism related developments throughout the EU • Based on: • Open Sources Information available to the CMT • Methodologies such as individual case studies and comparative analysis • Information exclusively provided to Eurojust by national authorities by virtue of Council Decision 671/JHA/2005 • General objective: inform and invite the National Members to review and confirm the information • Allows comparison: identify similarities and differences
Content: • Terrorism convictions overview in the Member States • Comparative analysis • Legal update • Judicial Analysis on selected cases • Expected trials • Already 9 Issues (the last dating of February 2011)
CASE ILLUSTRATIONS • Basic characteristics: • Islamist Terrorism • Radicalization • Violent radicalization is the phenomenon of people embracing opinions, views and ideas which could lead to acts of terrorism as defined in Article 1 of the Framework Decision 2002/475/JHA of 13 June 2002 on Combating Terrorism • Use of Internet • Data mining • Training • Material • Incitement / Propaganda
CASE “Jihadist Terrorism” • 2009: Initiation of international investigation on terrorist organisations • Two different organisations: • An international jihadist terrorist organisation using an extremist-oriented website • Planning terrorist attacks in Belgium • Recruiting candidates • Collecting money for its purposes • The other organisation was recruiting jihadist candidates and financing a terrorist organisation • Aim: to commit attacks with an even bigger impact and more victims than the attacks of 2004 in Madrid
The investigation was co-ordinated internationally by Eurojust, in co-operation with the national authorities involved • RESULTS • During investigation: Arrests in Spain, Morocco & Saudi Arabia • 23 November 2010: 10 house searches simultaneously in Belgium, The Netherlands & Germany • Arrest of 12 suspects • 1 Arrest in Austria
SUMMARY OF THE FACTS • Terrorist suicide attack by a radicalized individual • Ideological and religious radicalization through the visions of individual video and press releases drawn from the Internet • Negative personal events • Symbolic goal: Barracks of army soldiers in Afghanistan • Individual attack • No ties with transnational terrorist structures • But the attack recalls the actions carried out by international terrorist groups of a religious nature
THE USE OF INTERNET • Manuals for the manufacture of homemade explosives • Videos on how to make explosives • Documents and videos with ideological propaganda of radical Islamist Terrorist leaders • Documents on ideological and religious martyrdom • Possible targets • Purchase of chemicals to make bombs
CASE: “Malika El A.” • “I have a weapon. It’s to write. It’s to speak out. • That’s my jihad. • You can do many things with words. • Writing is also a bomb.”
SUMMARY OF THE FACTS • June 2007: Malika El A. was convicted in Switzerland • Guilty of supporting radical Islamist terrorist organisations via internet sites • Suspended sentence of 6 months • First time that Switzerland convicted on the grounds of support to an Islamist terrorist organisation • August 2007: judicial inquiry was initiated in Belgium • Use of the website MINIBAR-SOS as a Jihadist Salafist propaganda tool • Site was administered from Belgium • December 2008: Arrest of the suspects
TRIAL • Malika El A. was brought to court with 7 other defendants • CHARGES • Membership and leadership of a terrorist organisation linked to Al-Qaida • Recruitment of people in Belgium and France for jihad in Afghanistan • Financing of terrorism • Providing means and information to contribute to the committing of terrorist acts
THE SENTENCE • May 2010: • Malika El A. was convicted of 8 years of imprisonment • + fine of 50.000 euro • Other defendants: • 1 suspect was acquitted • The other 6 defendants received prison sentences between 40 months and 8 years + fines between 500 and 5000 euro • December 2010: Confirmation of the penalty in appeal
Michèle Coninsx Vice President Chair Counter-Terrorism Team Belgian National Member at EUROJUST Tel 00 31 70 412 51 20 Fax 00 31 70 412 51 21 mconinsx@eurojust.europa.eu Maanweg 174 NL - 2516 AB The Hague The Netherlands www.eurojust.europa.eu