Dutch Supreme Court upholds conviction for training for terrorist offence

31 mei 2016

The Supreme Court of the Netherlands has upheld the conviction of Omar H., who was sentenced to 15 months’ imprisonment by the Court of Appeal in 2015 for participation in training for the commission of a terrorist offence.

The Court of Appeal had found it proven that Omar H. purchased the raw materials for making an explosive that he intended to use to commit a terrorist offence, and that he searched for the necessary information online.

The Supreme Court ruled that the Court of Appeal was right to accept that article 134a of the Dutch Criminal Code, under which Omar H. was charged, concerns training for terrorism. This article can be relied on only if the means concerned are sought and found in connection with terrorism. The Supreme Court ruled that the concept of training – acquiring or imparting knowledge and skills – must be interpreted broadly.

The Court of Appeal was found to have provided sufficient reasons for finding that the necessary link with training for terrorism had been proven.

ECLI:NL:HR:2016:2120