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Breaking Bad: The government’s stance on terrorism law

On the 18th of September, 31-year-old father-of-two Mohammed Ali was sentenced to eight years in prison[1] for trying to buy ricin off of an undercover FBI agent on the Internet, inspired by the TV series Breaking Bad. This was following the Aspergers syndrome sufferer’s conviction for the offence after a trial in July.[2] When I read the story last Friday, I thought this was another routine case of someone convicted of “terrorism”, as the headlines led me to believe. As it turns out, the defendant was in fact convicted of attempting to possess a chemical weapon pursuant to the Criminal Attempts Act[3] and the Chemical Weapons Act.[4]

The conviction is compelling for two reasons. Firstly, it was a case where there was a nexus to explosives in which a terrorism conviction was not sought. It displays how conditioned I am to expect the government to use the appealing use of the term terrorism to support a conviction.

However, what is more interesting is the fact that the regular criminal law was applied to deal with an act which may fall into a definition of terrorism. The perpetrator was inspired to explore the chemical compound of ricin after watching Breaking Bad, where ricin is the main character’s weapon of choice. The case is another example of how the regular criminal law can be used to stop illicit acts without the need to resort to the use of terrorism laws.

The conventional criminal law has previously dealt with purported terrorism plots. For example, Zaccarias Moussaoui pleaded guilty to conspiracy to commit murder for his connection to the 9/11 attacks. Richard Reid, the shoe bomber, was convicted for attempted murder after trying to detonate a bomb on an aeroplane. The ordinary criminal law includes inchoate offences such as conspiracy, incitement and attempt which can be utilised long before any felonious terrorist violence can occur.

Unfortunately, there is a consensus amongst most Parliamentarians that a body of terrorism law within the criminal framework must exist. This can be displayed through the cross party consensus of passing terrorism laws such as the Counter-Terrorism and Security Act.[5] The justification for such a stance is that the regular criminal law cannot combat the threat of terrorism. The crime of terrorism is seen as such an egregious act, which can cause widespread destruction, that the police need greater powers. I had written in a previous article that this attitude has led to an era of pre-crime.[6] Police are allowed to intervene and arrest someone when they are far removed from a delinquent act.[7]

However, there are a number of inherent problems in trying to define terrorism and use it as part of the criminal law. The polity in trying to attain an objective definition is impossible, and Margaret Thatcher’s adage that “Crime is crime is crime. It is not political”[8] is palpably false. The cliché of “one man’s terrorist, is another man’s freedom fighter” is a cliché because it is true. A terrorist is in the eye of the beholder. We should remember but are actually keen to forget that “Osama bin Laden was a freedom fighter for Reagan but a terrorist for Bush. One can change sides without changing tactics.”[9]

The term “terrorism” is used by the political classes and the media in an opportunistic manner to describe actions and ensure pejorative connotations to a particular case. It can be argued that this is a tactic used to enforce greater constraints on citizens’ civil liberties or to start wars abroad in the name of national security. When I think of an act of terrorism, for example, I think of images of innocent civilians dying. I assume most people would think of something similar, perhaps 9/11 or 7/7. However, in common usage the term terrorism is applied to acts where a civilian has not been hurt nor has there been an attempt to hurt or incite others to hurt.

An example is the case of Afsana Khayum who was sentenced to 18 months in prison on terrorism charges,[10] for having possession of Al-Qaeda’s Inspire magazine. Another example is the case of Rizwaan Sabir, who was arrested for downloading an Al-Qaeda training manual from the US Department of Defence website, as part of his Masters research at the University of Nottingham.[11] If we described these acts as they were, rather than in inflammatory headlines, maybe the population would not be so receptive to many of the arrests and convictions taking place. Perhaps we would not be so keen to surrender our civil liberties to the state and security services to “keep us safe” from so many “foiled plots.” The word “terrorism” is instead used as the “rhetorical servant of the established order.”[12]

The securitised mindset of our politicians is wrong. Terrorism laws should not exist. The focus on a motive for terrorism such as an ideological, political or religious cause, as in the British Terrorism Act[13] is inconsistent within the wider British legal framework. Substantive criminal law looks at the mens rea or the guilty mind of an individual. Crimes require either intention or recklessness to be crimes. Motive is irrelevant in determining guilt.

The above is a technical, legal argument. However, there are practical problems through having terrorism law, especially the motive requirement. When there is a focus on the defendant’s religion or politics this can prolong trials. The use of expert witnesses to explain the meaning of religious or political doctrines to the jury elongate trials ad nauseum. It can also generate a deleterious effect of making it appear that the accused has been arrested on the basis of their faith or ideology.

Criminal investigations considering “terrorism” should focus on the violence or preparation for the violence rather than on the philosophy upon which they are allegedly based. A focus on an ideology could have the adverse effect of discriminating against religious or political groups which express views which are disliked by the mainstream in society. The police will invariably profile what they assume is the archetypal terrorist. In yesteryear in the UK this was an Irishman; today it is somebody who looks like a Muslim. It has led to particular groups being labelled a “suspect community.”[14]

The British government has used the term terrorism to justify the infringement of civil liberties and the rule of law. Such a politicised approach to crime prevention has led to the sweeping criminalisation of the Muslim community. The regular criminal law is sufficient to deal with acts considered terrorist. An alternative body of law need not exist.

Source: www.islam21c.com

Notes:

[1] ‘Breaking Bad fan jailed over Dark Web ricin plot’ BBC News (18 September 2015) http://www.bbc.co.uk/news/uk-england-34288380

[2] ‘Breaking Bad fan guilty of Dark Web ricin plot’ BBC News (29 July 2015) http://www.bbc.co.uk/news/uk-england-33708611

[3] [1981]

[4] [1996]

[5] [2015]

[6] https://www.islam21c.com/politics/10-years-after-77-goodbye-presumption-of-innocence-hello-pre-crime/

[7] The preparatory terrorism provisions are examples of this such as section 57 and 58 of the Terrorism Act [2000] and section 5 of the Terrorism Act [2006]

[8] B. Levin and L. Donosky, “Death wish in Ulster” (1981) Newsweek 40

[9] K. Nielsen, “On the moral justifiability of terrorism (state and otherwise)” (2003) 41 Osgoode Hall Law Journal 427, p.430

[10] Paul Cheston, ‘Jailed: London law student who advertised for jihadi wrote to Abu Hamza’ London Evening Standard (17 March 2015) http://www.standard.co.uk/news/crime/jailed-london-law-student-who-advertised-for-jihadi-husband-and-wrote-to-abu-hamza-10113447.html

[11] http://www.theguardian.com/uk/2011/sep/14/police-pay-student-damages-al-qaida

[12] C Gearty, “Terrorism and morality” [2003] E.H.L.R. 377, p.380

[13] [2000]

[14] The term was originally coined by Paddy Hillyard in reference to the Irish community and has since been postulated to apply to the Muslim community by Christina Pantazis and Simon Pemberton

About Muhammad Ibrāhīm Mūsā

Muhammad is a conscientious Muslim activist who writes on issues of terrorism law and policy. He hopes to use his legal expertise to highlight the injustices being perpetrated on the Muslim community.

8 comments

  1. Mohammed Ali appears to be a victim of a sting operation more than anything else. There was no evidence that he was involved in any terrorist activities.

    The possession of ricin is specifically prohibited under the Chemical Weapons Act 1996. The Criminal Attempts Act 1981 enables a prosecution under the Chemical Weapons Act 1996 for attempting to purchase ricin even if none actually has been purchased. This probably explains why they were used rather than Sections 57 and 58 of the Terrorism Act 2000 that are used to criminalise possession of whatever the police want to be criminalised that is not otherwise illegal to possess under existing legislation.

  2. Assalam aleikum

    Although I agree in principle, to what you have said, this individual did go on the “dark web” and try to buy ricin. The whole Breaking Bad excuse, really insults one’s intelligence. But he maybe just a unstable individual, either way, it is disturbing.Allahu Alim
    I find the whole “dark web” a disturbing reality. Using it can’t be ignored.

  3. He claimed in his defence that he was inspired by Breaking Bad. He also claimed he had no intention of using the ricin and that having spent a considerable sum of money on it was just going to flush it down the loo. You can choose to believe that if you like (fortunately the judge didn’t), but don’t state it as a fact.
    And please stop complaining about civil liberties. If you are in favour of sharia, which I strongly suspect you are, then you have no respect for civil liberties whatsoever. And if you insist on repeating the same tired old, anti-Western drivel then you are effectively encouraging the sort people who have made terrorism laws necessary. It’s so totally transparent and hypocritical.

    • Slightly behind schedule the otherwise reliable Troll Express crawls into the station as expected nonetheless.

      And likewise, here we come to knock them for six…

      “You can choose to believe that if you like (fortunately the judge didn’t), but don’t state it as a fact.”
      – What this person is trying and failing to imply is refuted by the inconvenient fact that the Judge and this little thing called the Crown Prosecution Service in fact did not even bother to use any legal tools related to terrorism, despite those servile in the media to the neocon doctrine (that we must exchange liberty for security) plastering the word ‘terrorism’ everywhere. It’s unfortunate that he is evidently unable to look at a perfectly rational, legal argument without bringing in his background bigotry at its proponent. A warning to all.

      “And please stop complaining about civil liberties. If you are in favour of sharia, which I strongly suspect you are, then you have no respect for civil liberties whatsoever…”
      – Reliably as ever, the black and white (pun intended) world of these ignoramuses does not allow them to see any grey area between bloodthirsty ISIS and bloodthirsty Neoconservatism. As their likewise bumbling idiot of an idol, George Bush said, “You’re either with us or with the terrorists.” A fine example of a twit indeed. Blind bigotry blinded by further bigotry—a perfect breeding ground for xenophobic ignorance that leads to laughable, sensational slogans about “shariah!” and Muzlamic ray guns.

  4. Not all of my previous post got through:

    I think you will find that if someone is to be convicted of a terrorist offence their intentions and motives must be considered and established. Mohammed Ali was convicted only of obtaining ricin, a criminal offence in itself, without establishing any terrorist intentions and the investigating officer himself said “that we can only speculate on what he planned to use it for”, which suggests that his motives – beyond his own claim of warped curiosity – are also unknown.

  5. Zaccarias Moussaoui and Richard Reid were convicted in the USA. Their convictions are irrelevant to Mohammed Ali’s case or any other you mention, I think, which occurred in Britain

  6. …while similar offences carried out by people of other beliefs get away with far lesser sentences and are not judged based on their beliefs. This is clear discrimination being carried out and approved of by a country that claims to be one of the most just in the world. Surely this is a contradiction.

    This injustice needs to be addressed within our justice system.

  7. That was quite an interesting read. Shame to hear how we’re using terror laws to do things that can already be done with existing laws.

    Also sad to hear how Muslims are being handed out heavier sentences based more on their beliefs than on actual violence carried out or any preparation while Similar offences

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