“To maintain international peace and security, and to that end to take effective collective measures … for the suppression of acts of aggression or other breaches of the peace …”
“….. Whilst acknowledging that the appellant was discharged from the conspiracy to the murder count in relation to General Masoud we have noted the reason for this and consider that the evidence does point to the appellant as having played a role in facilitating the access of the suicide bombers to General Masoud. We have noted the production of a book authored by one of the leading members of IG and the manuscript written by Ayman Al-Zawahiri a leader of a proscribed organisation. We do consider there are serious grounds for believing that the appellant is guilty of providing support and assistance both financial and logistical to terrorists and terrorist organisations in particular IG.”
“Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.”
“… evidence of a suspect or witness which had been obtained by torture had long been regarded as inherently unreliable, unfair, offensive to ordinary standards of humanity and decency and incompatible with the principles on which courts should administer justice … [I]n consequence, such evidence might not lawfully be admitted against a party to proceedings in a United Kingdom court, irrespective of where, by whom or on whose authority the torture had been inflicted….”
“One: I am satisfied that there is a sufficiency of evidence from which the jury could find proved, as a primary fact, that General Masoud was murdered by persons then named as Touzani, and Bakkali (hereafter referred to as "T" and "B") by means of an explosion caused by the detonation of a bomb carried into the presence of General Masoud, on9th September 2001 , by the said T and B, posing as a journalist and a cameraman, respectively, having, as such, been granted an interview with the General. Second: I am further satisfied that there is sufficiency of evidence, from which the jury could find proved, that the letter of introduction from the Islamic Observation Centre (hereafter IOC) purportedly signed by the applicant, informing anyone reading them that T and B are journalists of Arab News International, itself a TV media subsidiary of IOC, and giving various contact details of IOC, including telephone, fax, e-mail and internet, did play a part in securing the interview at which the assassination of General Masoud took place. I reach that conclusion having regard to the inferences, in my judgment, readily available from the details and sophistication of the means of gaining access to General Masoud, in which the IOC was the central theme. I dwell on that because although it is undoubtedly correct that the persons pretending to be journalist and cameraman respectively, had with them other letters of introduction, and the interview was secured by means in which third parties played a part, principally, as Mr Emmerson submits, one Sayef, there is, in my judgment, a clear thread tying three of the four letters of introduction, to the role ascribed to T and B, as journalists, provided for them by the IOC and supported by the follow up props, like the cards found in the room occupied by the journalists T and B, at the government centre from which they were taken to interview General Masoud, all hanging together to the role ascribed for them in the letters of introduction provided by the applicant. Third: the question remains -- and it is determinative of the application -- is there evidence of the writing of the letters of introduction by the applicant. Strictly speaking, the creation of them by means initiated by him. That is to say, are the letters subsequently found at his home, sufficient to permit the inference to be drawn, so that the jury is sure, that in doing so he was a knowing party to the murder of General Masoud? That is to say, at the time of writing them, or as indicated, causing them to be written, he knew that they were intended for use in securing an interview with the General, at which it was intended that the General should be killed. As part of that process can inferences consistent with innocence be safely excluded? I am persuaded, for the reasons advanced by Mr Emmerson on the applicant’s behalf, that the evidence is insufficient for this purpose. In outline; beginning with the two letters in fact carried by T and B, and adding into the equation the agreed chronology of the provisions of the drafts, as they have been referred to me under the rubric "To whom it may concern", and standing alongside that the agreed chronology, albeit largely false, provided by what the entries in T and B's passports indicate, the two letters in fact carried by the assassins are proved to be, as Mr Emmerson characterised them, careful and elaborate forgeries of the letters that the applicant created. "Elaborate", because they included the use of the forged rubber stamps. That is to say, different to the stamps in the defendant's possession, but similar to those on the IOC letter heading. "Careful", because they involved -- the forgery that is -- backdating what was created, in order to fit into a forged trail that had been created for T and B in their passports, supported by the visas within them. Since, in my judgment, it is -- and since the crucial fact is that it is – common ground that the defendant cannot have created his letters before, at the earliest, 28th July, and more likely the 29th, it is in my judgment as consistent with T and B using the letters created by the applicant as the template for the documentation that they were to forge, thus using the applicant as an innocent fall guy and furthermore one who could, if necessary, provide verisimilitude to the cover that was created for the assassins, as it is with the irresistible inference that at the time he provided his letters, by inference he, the applicant, knew that they were intended to be used for the purpose of killing General Masoud by the persons or through the medium of the persons for whom he was providing those letters by way of introduction.”
“It is, however, always the case that in a criminal trial, for evidence to be sufficient for a jury to convict it must be evidence of which they are sure. That is not the same test as … whether there are serious reasons for considering that this appellant has been guilty of acts contrary to the purposes and principles of the United Nations.”
“The searches recovered substantial amounts of documents, paperwork and other exhibits. Below is a summary of items of interest: PS/222 – a letter of introduction in the name of Kareem BAKKALI PS/223 – a letter of introduction in the name of Karim TOUZANI PS/248 – a fax in the name of TOUZANI and BAKKALI There were numerous documents that contain the details of worldwide contacts and associates, as well as books and videos relating to Usama BIN LADEN and Al Qaida. Amongst the documentation relating to worldwide dealings were many that relate to shipping orders, banking and money transfers. A substantial financial investigation was undertaken and in the early stages, it was clear that significant cash movements of funds was taking place. Several large debits – one for£5000.00 (five thousand pounds) had been identified and been electronically transferred to various accounts in the Middle East (by way of example, Palestine; Egypt; and, Dubai). Al-Sirri was in receipt of state benefits and allowances and his involvement in these financial transactions far exceeded his legitimate income. During interviews conducted on29th October 2001 (29/10/2001 ), Al-Sirri put forward explanations when questioned about specific cheque transactions relating to AL HEDAYA, although they are dubious to say the least. Satisfactory explanations were not given regarding the origins of cash transactions involving monies sent abroad and not shown within the known financial structure [of] his business.”
“serious reasons for considering”