Monday, Jun 22, 2015

Abu Dhabi: The State Security Court at the Federal Supreme Court on Monday adjourned a case in which an Emirati is accused of joining terrorist organisations in Syria to July 6.

During Monday’s session presided over by Judge Falah Al Hajiri, the prosecution presented a CD, showing the defendant, K.T.M., 46, in military attire talking at the defence base in Syria.

The judge gave the CD to a team of experts at a lab to determine whether the voice on the CD matches that of the defendant. The judge also decided to allow experts to examine the defendant to ensure that he is the same person shown in the video.

The session started with the court watching a 1.5-minute video showing a man reciting an anthem, with the prosecution saying that the man in the video is the defendant who is accused of joining Al Nusra Front.

The court then listened to the testimony of the first witness, who is the defendant’s brother. The witness said that the family travelled to Turkey two years ago for tourism, but after two weeks in Istanbul, the defendant disappeared without a trace.

The witness said he reported the matter to the UAE embassy in Turkey. However, three days later, the defendant sent a text message to his brother telling him he had travelled to Syria.

The witness added that the rest of the family returned to the UAE without being able to communicate with the defendant again. Three months later, the witness was notified that the defendant was being held by the authorities in Turkey.

The court and the defendant’s lawyer both asked the witness about the nature of the few messages he received during the defendant’s disappearance for over two years, but the witness said he could not remember.

The witness also said that the defendant never mentioned to any of his family members his intention to travel to Syria. Asked about the defendant’s marriage, the witness said that the defendant was considering marrying another woman, which might have been why he travelled to Syria.

After his testimony, the court listened to another witness, the defendant’s other brother, who said he could not believe the news about travelling to Syria.

The witness said he was notified by the Turkish authorities later that his brother was being detained, and decided to travel back to Turkey to finish the paperwork needed - a process that took 23 days. He added that the Turkish authorities said the defendant’s paperwork was sent to the American CIA (Central Intelligence Agency) which said the defendant was not wanted in any cases.

The defendant’s lawyer then presented his plea, saying that the prosecution has not presented any tangible evidence that proves his client had joined terrorist groups in Syria. He said the defendant never signed any case files that accuse him of committing a crime.

He added that the witnesses confirmed the defendant was accused by Turkish authorities of breaking the immigration and resident law but not of joining terrorist organisations. He noted that the American authorities said the defendant had a clean record, and there was no proof of him joining any such groups.

The lawyer also said that the prosecution could not prove the defendant’s whereabouts at any time, and that the video does not prove his presence at any exact location. He added that there were no phone calls, money transfers, photos, or videos proving that the defendant participated in any crime.

Based on his plea, the lawyer requested that the defendant be cleared of all the accusations against him, adding that the defendant had indeed broken the immigration law in Turkey but not the criminal law. He said that the defendant had lost his phone in Turkey and was scammed, but then turned himself in to Turkish authorities.

In another case, an Emirati was accused of starting a website that aims to insult the UAE’s leadership. The case was adjourned to June 29 to announce the verdict.

During the session, the court listened to the lawyer’s plea, which requested that the defendant be cleared of all accusations against him. He said that any confessions made by the defendants were void as they were forced out of him.

The lawyer said that the tweets found on the defendant’s Twitter account were copied there without his knowledge, and that there was no proof of him having insulted any of the UAE’s officials or leaders.‎

By Abdulla Rasheed Abu Dhabi Editor

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