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AG v Strecker appeal is dismissed. Strecker’s actions do meet the threshold of “inviting support” under Article 13(1).

29/09/2025

The case of AG v Strecker presents a significant legal challenge regarding the interpretation of Article 13(1) of the Terrorism (Jersey) Law 2002, which criminalises inviting support for a proscribed organisation.

Here's a breakdown of the situation and the appeal heard on 26 September 2025:

Background of the Case

  • Defendant: Natalie Strecker, a 49-year-old human rights campaigner and prominent member of the Jersey Palestine Solidarity Campaign.
  • Charges: Two counts under Article 13(1) of the Terrorism (Jersey) Law 2002, which states:
    • “A person commits an offence if they invite support for a proscribed organisation.”
  • Allegations: Strecker allegedly posted content on social media (X/Twitter) expressing support for Hamas and Hezbollah, both of which are proscribed organisations in Jersey

Preparatory Hearing & Appeal (26 Sept 2025)

  • The preparatory hearing was convened to determine whether Strecker’s actions met the threshold of “inviting support” under Article 13(1).
  • The appeal on 26 September 2025 challenged the preparatory hearing’s interpretation of this article, likely arguing that:
    • Her statements were political or humanitarian in nature, not incitement.
    • The law’s application may infringe on freedom of expression under the European Convention on Human Rights (ECHR).
    • The term “support” needs more precise judicial interpretation. Does it include moral support, political advocacy, or only material assistance?

AG v Strecker appeal is dismissed.

  • AG v Strecker 26-Sept-2025 - Appeal against a Preparatory Hearing decision to determine the interpretation of Article 13(1) of the Terrorism (Jersey) Law 2002.
  • AG v Strecker appeal is dismissed. The judgement [40-42] says:-
    • In our view, the wording of Article 13 is clear.
    • Under Article 13(1), a person commits an offence if he or she invites support for a proscribed organisation and the support is not, or is not restricted to, the provision of property.
    • The offence is not limited in its application to inviting support for the unlawful activities of the proscribed organisation in question, and the learned Commissioner was correct so to decide.
    • It will be apparent from our judgment that
      • We have not addressed the facts of the Appellant’s case and
      • Nor have we addressed the rationale for proscribing Hamas or Hezbollah.
    • The issue before us was a question of law concerning the ambit of the Article 13 offence.
      • It is not necessary for us to consider the facts of the Appellant’s case (which have yet to be established).
      • Nor is it necessary for us to consider the circumstances surrounding the proscription of any particular organisation.
    • The scope of the offence remains as we have explained irrespective of the identity of the organisation.
    • The only issue for decision in any particular case is whether the ingredients of the offence have been satisfied.
    • That will be a matter for the trial court to determine at the Appellant’s trial.
    • [42] The appeal is dismissed.

Legal Significance

This appeal is important because it

  • Clarifies the scope of Article 13(1) especially in cases involving activism and political speech.
  • Set a precedent for how Jersey courts balance anti-terror legislation with human rights protections.
  • Influence future prosecutions under the Terrorism Law, especially in politically sensitive contexts.

References

 

JERSEY LEGAL HUMAN RIGHTS

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