Why were some 100 Dutch nationals able to travel to Syria to take part in jihad undisturbed, but Mohammed G, Aykut K. and Kaya K. were arrested just before their departure? "Only these three came forward in an investigation, not everyone who crosses the border immediately ends up in a criminal file," said a spokesman for the National Prosecutor's Office. Because of Mohammed's looseness in chats and phone calls, so far only these three men seem to have been identified by the O
Why were some 100 Dutch nationals able to travel to Syria to take part in jihad undisturbed, but Mohammed G, Aykut K. and Kaya K. were arrested just before their departure? "Only these three came forward in an investigation, not everyone who crosses the border immediately ends up in a criminal file," said a spokesman for the National Prosecutor's Office. Because of Mohammed's looseness in chats and phone calls, so far only these three men appear to be prosecuted by the prosecution under the relatively new Article 134a law. But it is very questionable whether traveling to Syria to fight with the Free Syrian Army is in any way punishable in the Netherlands. If it involves fighting with the group Jabhat Al Nusra, which was placed on the terror list last year by the U.S. (but not the EU and UN), it may well fall under anti-terrorism law. If the three men go to trial, they will be the first to be prosecuted in the Netherlands under 134a: acts of preparation with the intent to commit a terrorist crime. The section of the law came into being after the attacks on Sept. 11, 2001. Alleged terrorists have already been arrested on the basis of this suspicion, according to the National Prosecutor's Office.
But it has not yet come to a trial. "Nevertheless, we do not see this as a trial case," reports the spokesman.
Mohammed G. is currently the only one of the three still in custody; the other two are out on bail. "This law wriggles for this kind of case," said André Seebregts, lawyer for Kaya K. "Article 134a was written for terrorists who started working in the Netherlands. Justice is now trying to stretch it." Serge Weening, Mohammed's lawyer, also sees a tall order for the prosecution to provide proof that his client actually intended to join Jabhat al Nusra.
No recruiters appear in the investigation, no conspicuous financiers of terror and no radical mosques where the three jihadists were allegedly trained. Nor is there any evidence of contacts between the three Dutchmen and Jabhat al Nusra. The men were sent money by 'sympathizers' . Two farewell letters were found in Kaya K.'s backpack, which had been waiting in his home. Mohammed's sister from Maastricht had been told by her brother that he would probably never return. In words, prime suspect Mohammed was big on threatening violence, but would the same ultimately apply to his actions? He himself claimed he was suffering from delusions. In their police interrogations, the three suspects gave little insight into what they actually intended.
The prosecution will soon decide whether and which of the three will be prosecuted.
M to be prosecuted under the relatively new section 134a of the law. But it is very questionable whether traveling to Syria to fight with the Free Syrian Army is in any way punishable in the Netherlands. If it involves fighting with the group Jabhat Al Nusra, which was placed on the terror list last year by the U.S. (but not the EU and UN), it may well fall under anti-terrorism law. If the three men go to trial, they will be the first to be prosecuted in the Netherlands under 134a: acts of preparation with the intent to commit a terrorist crime. The section of the law came into being after the attacks on Sept. 11, 2001. Alleged terrorists have already been arrested on the basis of this suspicion, according to the National Prosecutor's Office.
But it has not yet come to a trial. "Nevertheless, we do not see this as a trial case," reports the spokesman.
Mohammed G. is currently the only one of the three still in custody; the other two are out on bail. "This law wriggles for this kind of case," said André Seebregts, lawyer for Kaya K. "Article 134a was written for terrorists who started working in the Netherlands. Justice is now trying to stretch it." Serge Weening, Mohammed's lawyer, also sees a tall order for the prosecution to provide proof that his client actually intended to join Jabhat al Nusra.
No recruiters appear in the investigation, no conspicuous financiers of terror and no radical mosques where the three jihadists were allegedly trained. Nor is there any evidence of contacts between the three Dutchmen and Jabhat al Nusra. The men were sent money by 'sympathizers' . Two farewell letters were found in Kaya K.'s backpack, which had been waiting in his home. Mohammed's sister from Maastricht had been told by her brother that he would probably never return. In words, prime suspect Mohammed was big on threatening violence, but would the same ultimately apply to his actions? He himself claimed he was suffering from delusions. In their police interrogations, the three suspects gave little insight into what they actually intended.
The prosecution will soon decide whether and which of the three will be prosecuted.
