R v. Mohommod Hassin Nawaz and Hamza Nawaz

Court	Central Criminal Court, Great Britain (UK)
Case number	T20137466
Decision title	Guilty Plea
Decision date	27 May 2014
Parties	United Kingdom Mohommod Hassin Nawaz Hamza Nawaz
Categories	Terrorism
Keywords	conspiracy, Foreign fighters, Syria, Terrorism, Training, Travel

Summary

In May 2014, brothers Mohommod Nawaz and Hamza Nawaz pleaded guilty to having attended a terrorist training camp in Syria. The brothers had set off for Syria in August 2013 and were arrested in Calais, France, as they travelled back to the UK. In their car, rifle ammunition and a mobile phone containing videos and pictures of their time in the training camp in Syria were found. Mohommod Nawaz was sentenced to 4,5 years’ imprisonment on 26 November 2014, and Hamza Nawaz received a sentence of 3 years’ imprisonment.

Procedural history

Brothers Mohommod Nawaz and Hamza Nawaz were stopped by UK border officials on a ferry as they returned to the UK from Syria via France. They had been reported as missing on 25 August 2013.

Related developments

Mohommod Nawaz was sentenced to 4,5 years’ imprisonment on 26 November 2014. Hamza Nawaz was sentenced to 3 years’ imprisonment on the same day.

Legally relevant facts

After deceiving their family, brothers Mohommod Nawaz and Hamza Nawaz began a trip to Syria via France on 24 August 2013. Once smuggled into Syria, they joined a training camp where they received instruction in Islam, physical training and military training.

They attempted to return to the UK via Calais, France, but were stopped by UK border officials on 16 September 2013. Upon searching their car, officials found rifle cartridges, heavy-duty clothing, a balaclava, and a mobile phone that contained photographs and videos of their time in Syria. In one video that showed the brothers crossing the border into Syria, a man approached them and asked whether they had come to Syria for “jihad”; one of the brothers responded that they had. Another picture showed their daily timetable at the training camp.

During their sentencing, the presiding judge noted that “[i]t is clear from the evidence from mobile phones that you both had been in a camp in Syria used for terrorist training [and that] … you were there for jihad … and wanted to join an extremist group”.

Core legal questions

N/A – Guilty Plea

Specific legal rules and provisions

Section 1 of the Firearms Act 1968 (UK); Section 8(1) of the Terrorism Act 2006 (UK)

Court's holding and analysis

Mohommod Nawaz and Hamza Nawaz each pleaded guilty to one count of conspiracy to attend or attendance at a place used for terrorist training. By doing so, the brothers admitted that they had conspired to attend a place used for terrorist training between 1 January 2012 and 16 September 2013.

In addition, Mohommod Nawaz pleaded guilty to one count of possession of ammunition.