The release of Australia’s most high-profile terrorist prisoner, Abdul Nacer Benbrika, has re-ignited debate about the relative worth of civil liberties and community safety when addressing the threat from convicted terrorists.
At the height of the terrorism threat from Islamic State, governments sought to strengthen legislation to safeguard Australians. But in doing so, there were concerns that liberal democratic principles were being cast aside in an effort to double down on the new security threat.
Abdul Nacer Benbrika leaves Barwon prison on Tuesday.Credit: Justin McManus
With the demise of Islamic State, some of these measures are now being considered in a new light. Citizenship-stripping legislation has already been struck down by the High Court, and Benbrika’s release has highlighted another controversial measure – continuing detention after the end of an offender’s sentence. Benbrika served an additional three years on top of his 15-year sentence, thanks to the imposition of a continuing detention order sought by the then government on the basis that he still represented a threat to the community.
Acting opposition leader Sussan Ley has described him as the “worst of the worst” and argued that allowing him to be released compromised the safety of Australians. So how much of a danger is Benbrika and what should be done with him?
To begin with, it is difficult to assess the likelihood of terrorist recidivism. While there is great publicity regarding convicted terrorists who conduct attacks on release – such as the 2019 knife murders at Fishmonger’s Hall in London or the 2020 gun attack in Vienna – much less is known about those who retain their jihadist belief system but do not, or have yet to, reoffend. There is little data on recidivism rates for Islamist terrorists, and less still for those in Australia.
In some cases, one’s radical ideology can remain latent and is re-energised when conditions permit. Kalid Sharrouf and Ezzit Raad had both served time for terrorism offences in Australia and went on to join Islamic State in Syria and Iraq once that became an option.
Sentencing remarks by courts certainly provide cause for concern about the particular challenge posed by Islamist terrorists in Australia, with about 60 per cent judged to lack contrition for their actions and fewer than a quarter believed by the court to have prospects for rehabilitation that are classed as good or better.
Even if the dramatic demise of al-Qaeda and Islamic State has meant that the radical Islamist terrorism threat has reduced significantly, there is no doubt that Benbrika will likely remain influential within radical Islamist circles. Many radical Islamists have spent time imprisoned by their “oppressors”, as did some notable figures in early Islamic history. Imprisonment adds to one’s status within such circles. The notion of sabr – or patience/endurance, including in waiting out one’s sentence – is seen as a test by God and is frequently referred to as a key attribute of those seeking Islam’s eventual victory.
A terrorist threat? Possibly, but Benbrika was rightly freed
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20.12.2023
The release of Australia’s most high-profile terrorist prisoner, Abdul Nacer Benbrika, has re-ignited debate about the relative worth of civil liberties and community safety when addressing the threat from convicted terrorists.
At the height of the terrorism threat from Islamic State, governments sought to strengthen legislation to safeguard Australians. But in doing so, there were concerns that liberal democratic principles were being cast aside in an effort to double down on the new security threat.
Abdul Nacer Benbrika leaves Barwon prison on Tuesday.Credit: Justin McManus
With the demise of Islamic State, some of these measures are now being considered in a new light. Citizenship-stripping legislation has already been struck down by the High Court, and........
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