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Alleged foreign fighter who faced ill-treatment in Iraq successfully resists application for terrorism notification order in proceedings in the High Court

Rabah Kherbane leading Drishti Suri (Blackstone Chambers) and instructed by Adam Libah of Adam Libah Solicitors represented AM in proceedings in the King’s Bench Division of the High Court, where the Commissioner of the Metropolitan Police applied for a terrorism notification order (“TNO”) under s.57 and Schedule 4 of Counter-Terrorism Act 2008. The Commissioner is the chief officer responsible for the Counter Terrorism Command (also known as SO15).

AM had travelled to Turkey and then Iraq. In Iraq, he was detained by Peshmerga forces in the Kurdish Region of Iraq. He was convicted and sentenced for membership of a terrorist organisation, ISIS. The conviction was based on a confession during a period of ill-treatment, obtained in the absence of a lawyer. On AM’s facilitated return to the UK in July 2024, SO15 sought a TNO under Schedule 4 of Counter-Terrorism Act 2008. 

The TNO would have imposed mandatory restrictions and obligations on AM for a period of at least 15 years. Breach of a TNO is a criminal offence punishable by imprisonment.

The Commissioner relied on evidence from the head of SO15, expert evidence from a lawyer in the Kurdish Region of Iraq, and the Consul-General. 

AM’s legal team prepared and filed substantial evidence, in particular witness evidence from AM’s mother, including on an attempted suicide attempt and treatment by counter-terrorism police, medical evidence on his condition, and expert reports on denial of fair trial rights and the use of torture to secure convictions for terrorism offences in the Kurdish Region of Iraq at the relevant time in 2015-2019.

AM’s legal team argued:

  • The exercise of discretion by SO15 in continuing to seek the TNO against AM was irrational and/or disproportionate, including in a national security context;
  • The foreign conviction in the Kurdish Region of Iraq was obtained by a flagrant denial of AM’s right to a fair trial, including torture; and
  • AM lacked capacity to comply with the TNO.

Following exchange of evidence and written submissions, the Commissioner of the Metropolitan Police conceded his case and proceedings were concluded in AM’s favour.

Following the exchange of evidence filed in support of AM, SO15 also decided to take no further action against AM in an investigation concerning his travel and activities in Iraq for an offence of preparation of terrorist acts under s. 5 of the Terrorism Act 2006. That offence carries a maximum sentence of life imprisonment.