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Reputations in the balance
Published in Al-Ahram Weekly on 19 - 01 - 2006

The trial of Egyptian-born, UK-based mosque preacher may be more complicated than it seems, reports Jailan Halawi
, the Egyptian-born preacher who became notorious for the fiery sermons he delivered at north London's Finsbury Park Mosque, is currently standing trial in the UK on 15 charges, including "inciting terrorism". In the opening session of his trial, which began on Wednesday 11 January, the prosecutor said El-Masri was charged with preaching murder and hatred during speeches recorded on nine video and audio tapes made for his supporters from the late 1990s until 2003, when he was ousted from his leading role at the mosque by community leaders.
British authorities have charged El-Masri with multiple counts of inciting for the killing of Jews and non-believers, using threatening or abusive language designed to stir racial hatred, and possessing a terrorism-related document, the "Encyclopedia of the Afghani Jihad". The prosecutor described the document as "a manual for terrorism" containing instructions for making explosives and carrying out assassinations. El-Masri could face life in jail if found guilty.
A British national, El-Masri denied all charges; he argued that Islam itself was being placed on trial, and that he had been subjected to a media "witch hunt". He denied hating Jews or Christians, and said the "encyclopedia" was a gift that he had never even read. The defendant -- whose real name is believed to be Mustafa Kamel Mustafa -- has been in British custody since April 2004; he was arrested upon the request of the United States, which accuses him of conspiracy to take hostages in connection with an attack in Yemen in December 1998 that resulted in the death of four hostages. The indictment also charges El-Masri with providing material support to terrorists, and specifically to Al-Qaeda, for allegedly attempting to set up a terrorist training camp in Bly, Oregon, in the United States, six years ago. It also includes charges of providing material support to terrorists, specifically to Al-Qaeda and the Taliban, for facilitating violent jihad in Afghanistan.
In Egypt, El-Masri had no criminal record and his name was not linked to any violence-related activities hence is not wanted by the Egyptian authorities.
Britain's reputation as a haven for fundamentalist Islamists seeking refuge from alleged persecution in their home countries has complicated the El-Masri case. The US, Egypt and many other countries have long accused the UK of being a "safe haven" for terrorists. London has been urged to allow the extradition of elements wanted in terrorist-related cases, either in their hometown or elsewhere. In an attempt to conform with the international community's requests, British authorities would at times launch campaigns to arrest Islamists, but none thus far had resulted in either convictions or extraditions, since as political asylum seekers, the suspects were protected by British law as long as there was no substantial evidence that they violated the law.
After 9/11 and the July 2004 London bombings, however, speculation was rife over whether or not the UK would change its strategies. For some observers, El-Masri's case may be the first to show whether Britain will erode its commitments to human rights under the pretext of defending its security.
According to political analyst Nabil Abdel-Fatah, the managing editor of Al-Ahram's State of Religion Report, Tony Blair's administration is taking serious steps to close the loopholes in its political asylum laws that provided some elements affiliated to Islamist fundamentalist groups with the opportunity, in the 1980s and 90s, to live in Britain and obtain British nationality. These laws also made expelling such elements very difficult.
This trial Abdel-Fatah said, "will be different, since the July bombings [in London] will inevitably affect the jury's decision". The trial will also act as a "deterrent" for UK-based Islamists, Abdel-Fatah said, who will subsequently try to tone down their sermons in mosques and the media.
Diaa Rashwan of Al-Ahram's Centre for Political and Strategic Studies thinks Britain is hesitant about whether to stick to "its basic traditions of upholding justice and human rights, or succumb to pressures from its main and almost only ally in the world, the US." In this respect, Rashwan believes that measures taken by British authorities are an attempt not to appear "soft on terror". In the meantime, he said, Britain will also try to simultaneously hold its ground when it comes to upholding its criminal justice tradition. As such, suspected Islamists will be arrested and tried, but "won't be handed over to the US or other countries where they would be subjected to torture and unfair trials".
In Rashwan's view, the case against El-Masri is "weak". If he gets a fair trial, and is not subjected to the UK's controversial new terror law, El-Masri will be acquitted, Rashwan said. He further questions the seriousness of the case, which involves a preacher being tried for alleged violations committed more than 10 years ago. "Where were British authorities then, and why did the charges only surface after the 7 July attacks?" The indictment, Rashwan said, should not be directed at El-Masri, but rather to "all British security bodies who ought to judge themselves first".


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