Friday, July 22, 2011

Terror suspect ordered to live outside London to stop him transferring cash to Pakistan militant groups

The suspect, who can only be identified as 'BM', is the subject of a control order which restricts his movements under the 2005 Prevention of Terrorism Act.

The Security Service's assessment, accepted by the Home Secretary, is that BM is 'committed to terrorism - in particular terrorism in Pakistan'.
Militants: The suspect, known only as BM, is thought to have sent money to fighters like these (file photo)

It is believed he wishes to travel to Pakistan, or assist terrorists there by sending them funds and going undercover to do so, the court was told.

A requirement of the control order, upheld by a High Court ruling today, is that he must relocate to 'an address in a city outside London'.

BM was described in court papers as a 38-year-old British national born in Sheffield with five young children, who had been living in Ilford, Essex.

BM's lawyers argued that the 'drastic step' of removing him from the London area to another part of the country would cut him off from anything but occasional contact with his children and was not justified.

They argued there must be other ways of reducing or eliminating the risk he posed.
Mr Justice Calvert-Smith said that the risk of BM participating in terror activities outweighed his right to a family life
Mr Justice Calvert-Smith said that the risk of BM participating in terror activities outweighed his right to a family life
But today Mr Justice Calvert-Smith, sitting in London, rejected his appeal.

The judge said that relocating him would involve a 'particularly serious' infringement of his right under the European Convention on Human Rights to a private and family life.

But that right was outweighed by the 'real risk' that without such a restriction 'the appellant would take part in the transfer of monies to those fighting against allied troops'.

The existence of associates in London who would be able and willing to assist him in sending funds 'has not been denied', said the judge.

Relocating him to another city would make that more difficult, he added.
The judge said there was evidence that BM assisted his two brothers to go to Afghanistan to commit acts of terrorism in April 2009.

The first control order was imposed on BM on April 30 that year and he was banned from his east London home on May 21.

But a High Court judge ruled the relocation decision was flawed and he returned to London.

MI5 then produced evidence that, from late 2009, BM was involved with sending significant sums of money to his brothers in Pakistan.

In January 2010 he was again ordered out of the capital but became involved in criminal proceedings over alleged breaches of his control order.

In April this year the Court of Appeal revoked the first control order and the proceedings were dropped.
A second control order was imposed on April 8.

Control orders are due to be replaced with less stringent Terrorism Prevention and Investigation Measures (TPIMs).

The judge observed that, until resources were made available for the new measures, the relocation order remained 'a proportionate and necessary response to the threat posed by the appellant'.

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