A 32-year-old Australian woman, Janai Safar, has been refused bail after being charged with joining Islamic State in Syria. She appeared before the New South Wales bail court on Friday, following her arrest at Sydney airport on Thursday evening, after spending nearly a decade in a Syrian refugee camp. Safar was among four women allegedly linked to IS who returned to Australia with children this week.
Charges and Allegations
Safar faces one count of entering or remaining in declared areas and another charge of being a member of a terrorist organization. Each offense carries a maximum penalty of 10 years in prison. It is alleged that she traveled to Syria in 2015 to join her husband, who had previously left Australia and joined IS.
Court Proceedings
Judge Daniel Convington refused her bail application on Friday afternoon, ruling that it did not meet the exceptional circumstances test. Safar’s lawyer, Michael Ainsworth, argued for her release, citing that the alleged offenses dated back to when she was 21 and that she had been in a refugee camp for nine years. He noted that Safar returned from Syria with her child, who is now being cared for by her father. “She’s been in a situation that is, in itself, custodial in another country,” Ainsworth told the court. He also argued that one of her family members needed her support. “This young lady lived in truly horrific conditions in these refugee camps for many years,” he said, adding that she is likely suffering from post-traumatic stress disorder and other psychological conditions. “She has significant community ties here in Australia, she’s one of seven children. There’s a place for her to live.” Ainsworth also questioned Safar’s degree of involvement in the terrorist organization and whether it was of her own free will.
However, Crown prosecutor Brian Massone argued that the case against her was “strong and straightforward.” “The submission is the nature and seriousness of the offenses, coupled with the strength of the crown case, militates against the threshold of exceptional circumstances being met,” he said. Massone stated that the crux of the case is that Safar left Australia “in a premeditated and considered fashion” to join IS. He said the steps she took to travel to the area suggested she was taking steps towards becoming a member of IS or “is in fact a member.” The allegation that she was a member of a terrorist organization relies on messages sent to her mother.
Other Women Charged
Two other women, a mother and daughter, faced a Melbourne court on Friday and are expected to apply for bail on Monday. Kawsar Ahmad, 53, also known as Abbas, and her daughter Zeinab Ahmad, 31, were arrested by officers from the Victorian joint counter-terrorism team at Melbourne airport on Thursday. Kawsar Ahmad’s eldest daughter, 33-year-old Zahra Ahmad, also returned on the same flight along with eight children but was not arrested or charged.
Slavery Charges
Kawsar and Zeinab Ahmad were charged with crimes against humanity, including enslavement and using a slave. Kawsar Ahmad was also charged with possessing a slave and engaging in slave trading, Australian federal police confirmed on Friday. Police allege the pair traveled to Syria in 2014 with their family and knowingly kept an enslaved woman in their home. They further allege that the 53-year-old, who traveled to Syria with her husband, was complicit in the purchase of an enslaved woman for US$10,000. The enslavement offenses each carry a maximum penalty of 25 years’ imprisonment.
The pair appeared separately before Chief Magistrate Lisa Hannan on Friday, with the Melbourne magistrates court hearing that they would apply for bail on Monday. The AFP will allege the offenses were terrorism-related and are expected to oppose bail. Neither woman was required to speak or enter a plea during the short hearing, before they were remanded in custody. Hannan, who described the matters as “unusual charges,” heard that the attorney general had been required to consent to them being laid.
Details of Allegations
A summary of the allegations, which the court heard was “significant,” is expected to be read at Monday’s hearing. The summary includes information from the alleged enslaved woman and a witness to the alleged offenses. Further details of the charges faced by Kawsar Ahmad, released by the court later on Friday, show she is accused of intentionally exercising “any or all of the powers attaching to the right of ownership” over a person, in circumstances “where the conduct was committed intentionally or knowingly as part of a widespread or systemic attack directed against a civilian population.” She is also accused of “intentionally exercising” the “powers attaching to right of ownership” regarding the use and possession of a slave. Zeinab Ahmad faces the same two charges. The offenses allegedly occurred between 1 June 2017 and 1 November 2018 at Mayadin, Hajim, Gharanij, Bahra, Abu Hamam, Walaa, and other places in Deir ez-Zur province, in eastern Syria. On or about 1 June 2017 in Mayadin or elsewhere in the same province, Kawsar Ahmad is also accused of intentionally engaging in slave trading.
Support and Investigation
A small group of supporters attended court, including a brother of Kawsar who was also at the airport on Thursday night. AFP Assistant Commissioner for Counter-Terrorism Stephen Nutt said on Thursday night that planning for the potential return of individuals from the Middle East had started in 2015 and had later been formalized under an overarching operation named Kurrajong. “Australian joint counter-terrorism teams methodically investigated all Australians who traveled to declared conflict areas and will ensure those who are alleged to have committed a criminal offense are put before the courts,” Nutt said. “JCTTs include some of the most experienced national security investigators and analysts in our country. This remains an active investigation into very serious allegations.”
