QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE MITTING
|CENTRAL COURT OF CRIMINAL PROCEEDINGS NATIONAL COURT MADRID No 5||(DEFENDANT)|
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Miss Clair Dobbin (instructed by Crown Prosecution Service) appeared on behalf of the Defendant
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"(i) The nature of the criminal activity alleged against the applicant (in that he is alleged to have been involved in the 11 September bombings in the United States of America and a part of a terrorist organisation based in Spain).
(ii) His background (for example reference is made in the European arrest warrant to his having been a former Mujahedeen).
(iii) His clear ability to travel in and out of the UK, Spain, Pakistan, Afghanistan and other jurisdictions using forged documentation.
(iv) His connectedness to a terrorist infrastructure.
(v) The circumstances of his entry into the United Kingdom and his subsequent status."
(1) Yarkas remained convicted for an offence akin to directing a terrorist organisation and was sentenced to a 12-year term of imprisonment.
(2) The decision of the Spanish Supreme Court demonstrates the existence of a terrorist organisation with strong links to individuals regarded as prominent in Al Qaeda.
(3) That organisation in Spain clearly had financial resources and the ability to facilitate movement between states.
(4) The applicant had links to that organisation (and reference is made to paragraph 71 of the judgment in the Habeas Corpus proceedings).