R v B & Others (2024 – Ongoing)
Preparation of acts of terrorism.
Sultana Tafadar KC has an extensive, high profile practice across counter terrorism and national security, criminal justice, human rights, public law and public international law.
A multi-award-winning King’s Counsel, Sultana offers an exceptional blend of dynamic, diverse, and versatile legal expertise.
Sultana advises and acts for individuals, States, NGOs, multinational corporations and other national and international bodies, appearing in courts at all levels. With a proven track record, a formidable skill set, and an unmatched proficiency across various practice areas, her legal services are delivered with precision & excellence.
Sultana holds a number of national and international human rights-related appointments, including Chair of the Bar Standards Board Taskforce on Religion & Belief; and the Advisory Board of Influencing Corridors of Power (ICOP), SOAS, University of London, She is a Council Member for JUSTICE; Member of Legal Expert Advisory Panel for Fair Trials International (LEAP); Special Advisor on Human Rights for the Oxford Initiative for Global Ethics and Human Rights; Member of the Detention Experience Community of Avocat Sans Frontieres (ASF); the Roster for Criminal
Justice Sector Experts dealing with Counter-Terrorism, Organisation for Security & Cooperation in Europe. (OSCE) and Founder of Girls Human Rights Hub. She previously worked at the International Secretariat of Amnesty International (AI) in the Africa Program; the Middle East Program; and the International Justice Project of the International Law Program.
Sultana is the Winner of Barrister of the Year, Inspirational Women in Law Awards, 2022; Winner of the Professions Category, Asian Women of Achievement, 2021; HERoes Top 100 Women Future Leaders, 2021; Finalist in BSN Lawyer of the Year (Chambers), UK Legal Diversity Awards, 2021; Finalist in Outstanding Woman in Professional category sponsored by Baker McKenzie, Precious Awards 2021.
Sultana is widely recognised as one of the foremost experts in counter-terrorism, national security, and radicalisation cases. With a portfolio of approx. 50 high-profile and landmark cases, her unique expertise spans the Criminal Courts, Coronial Courts, Administrative & Family Divisions of the High Court, and the Appellate Courts. She acts and advises in the whole spectrum of cases in this area ranging from criminal cases, cases involving Terrorism Prevention & Investigation Measures (TPIMS), parole board hearings, radicalisation & extremism cases in the family courts, Prevent-related cases, inquests and inquiries, extradition, terrorism financing, and appeals. She is part of the Organisation of Security and Cooperation in Europe (OSCE) Roster of Criminal Justice Sector Experts dealing with Counter-Terrorism; and sat on the Legal Advisory Panel of the People’s Review of Prevent. Most of her cases give rise to international dimensions and human rights intricacies.
Recognised as a Tier 1 Silk, Sultana’s impressive track record of success lies in her robust advocacy and strategic approach to the multifaceted challenges presented by the factual, evidential, legal complexities in these types of cases. Her work delves into cutting-edge law, theological content, extensive digital evidence, highly sensitive ‘secret’ materials, and complex disclosure issues. Some of the high-profile cases she has acted in include:
Preparation of acts of terrorism.
Appeal against conviction for preparation of acts of terrorism offence.
Dissemination of terrorist publications.
Possession of terrorist publications.
21 counts of breach of notification requirements by a terrorist offender.
Appeal against conviction for terrorism.
Parole Board hearing in relation to terrorism convictions.
Parole Board hearing in relation to terrorism convictions.
Possession and Dissemination of terrorist publications and possession of material likely to be useful for terrorist purposes.
Several counts of possession of material likely to be useful for terrorist purposes. Involved evidence in relation to Autistic Spectrum Condition. Attracted national press. Acquitted of 5 counts.
Several counts of dissemination of terrorist publications and possession of item in connection with the preparation, instigation or commission of acts of terrorism. Acquitted of all 3 counts.
Successful application for reconsideration of a Parole Board decision in relation to terrorism convictions on the basis of irrationality and/or procedural unfairness.
National Security case involving Terrorism Prevention and Investigation Measure, including breaches of the measures.
Charged with possession of items likely to be useful for terrorist purposes.
Charged with dissemination of terrorist publication.
Appeal against sentence. First all-female terror cell. Attracted national press.
Inquest into the London Bridge/ Fishmonger Hall attack. Represented wife of one of the attackers.
Advice on civil claim arising out of unlawful and discriminatory application of counter terrorism Prevent policy.
Appeal concerning definition of “terrorist publication” and interplay between Article 10 (freedom of expression) and section 2 of the Terrorism Act 2006.
Defendant charged with conspiracy to murder and engaging in conduct in preparation for terrorist acts, namely by carrying out knife attacks in Westminster Bridge. Part of first all-female cell dubbed ‘The Tea Party’.
Appeal concerning definition of “terrorist publication” and interplay between Article 10 (freedom of expression) and section 2 of the Terrorism Act 2006. Attracted national press.
Defendant accused of 12 counts of dissemination of terrorist publications dubbed the ‘WhatsApp Terrorist’.
Appeal against conviction of inviting support for a proscribed organisation contrary to section 12(1) of the Terrorism Act 2000.
Parole Board hearing in a case relating to allegations of extremism. Involved complex factual and legal issues surrounding breaches of license conditions and subsequent recall.
High Court Proceedings, Family Division involving allegations of extremism & radicalisation case where secret evidence was heard.
Interlocutory appeal of the legal ingredients of section 12 of the Terrorism Act 2000 as to what amounts to ‘inviting support for a proscribed organisation ISIL’. High profile case before the Court of Appeal concerning freedom of speech and freedom of conscience in the interpretation of terrorism legislation.
Landmark case contesting TPIM imposed by the Home Secretary. Involved consideration of highly sensitive national security evidence. SSHD created a new category of ‘in-camera’ evidence and the hearing was almost exclusively held in closed proceedings.
Application in relation to Section 16 appeal of Terrorism Prevention & Investigation Measures and disclosure in a case involving in-camera material.
Landmark case. Along with ‘hate preacher’ Anjum Choudhury, charged with inviting support for ISIL. One of the first prosecutions under this provision.
Reduced sentence. Landmark guideline case on sentences for Section 5 Terrorism Act 2006, preparation for acts of terrorism. Attracted national press.
Defendant accused of preparation of acts of terrorism in planning to go to Syria to join IS and disseminating terrorist publications.
Seizure of cash under POCA in relation to suspicion of terrorism. Issues relating to illegality of seizure and admissibility of evidence.
Interlocutory appeal of the legal ingredients of section 12 of the Terrorism Act 2000 as to what amounts to ‘inviting support for a proscribed organisation ISIL’.
High profile case where Defendant was acquitted of preparing for acts of terrorism, namely planning to go to Syria to fight alongside ISIS.
Charged with numerous counts of s.5 of the Terrorism Act 2006, preparation for acts of terrorism, amongst others. Brothers of ‘five star jihadi’ who was killed in battle in Syria.
Extradition of Defendant from Hungary for breach of notification requirements post terrorism convictions.
Defendant accused of engaging in terrorism in Somalia. He was charged with 7 counts of fundraising and 4 counts of engaging in conduct in preparation for acts of terrorism.
Counter-terrorism prosecution for grievous bodily harm against a religious education teacher.
Kingston Crown Court. Landmark case where Defendants were acquitted of conspiracy to cause explosions with intent to endanger life in the 7/7 bombings of the London transport system.
Defendant accused of possessing ‘bomb-making manuals’ and chemicals for the purpose of terrorism, to ‘blow up the BNP’. Unanimously acquitted of all three counts.
Sultana represents individuals and NGOs in a broad range of public law matters, primarily focusing on cases raising questions of civil liberties and human rights, as well as international law and national security matters. Her work includes advise and representation at parole board hearings, extremism & radicalisation cases, Prevent-related cases, inquests and inquiries, and extradition. She is experienced in cases involving closed material procedures. Her domestic practice is complemented by her international human rights practice (see below).
Parole Board hearing in relation to terrorism convictions.
Parole Board hearing in relation to terrorism convictions.
Successful application for reconsideration of a Parole Board decision in relation to terrorism convictions on the basis of irrationality and/or procedural unfairness.
National Security case involving Terrorism Prevention and Investigation Measure, including breaches of the measures.
Inquest into the London Bridge/ Fishmonger Hall attack. Represented wife of one of the attackers.
Advice on civil claim arising out of unlawful and discriminatory application of counter terrorism Prevent policy.
Appeal concerning definition of “terrorist publication” and interplay between Article 10 (freedom of expression) and section 2 of the Terrorism Act 2006.
Landmark case contesting TPIM imposed by the Home Secretary. Involved consideration of highly sensitive national security evidence. SSHD created a new category of ‘in-camera’ evidence and the hearing was almost exclusively held in closed proceedings.
Application in relation to Section 16 appeal of Terrorism Prevention & Investigation Measures and disclosure in a case involving in-camera material.
High Court Proceedings, Family Division involving allegations of extremism & radicalisation case where secret evidence was heard.
Seizure of cash under POCA in relation to suspicion of terrorism. Issues relating to illegality of seizure and admissibility of evidence.
Interlocutory appeal of the legal ingredients of section 12 of the Terrorism Act 2000 as to what amounts to ‘inviting support for a proscribed organisation ISIL’.
Extradition of Defendant from Hungary for breach of notification requirements post terrorism convictions.
Was standing Counsel for the renowned Parliament Square protestor for several years for Serious Organised Crime & Police Act 2005 and public order offences.
Sultana has extensive experience of trial and appellate advocacy and is recognised as a Tier 1 Silk in Crime. She leads in lengthy multi-handed terrorism, homicide, and white-collar crime cases involving complex legal and factual matrices. She has a strong track record of appearing in the Court of Appeal in England & Wales. Sultana also advises and represents large Multinational Corporations on issues at the intersection of criminal law and human rights obligations across multiple jurisdictions.
Many of Sultana’s cases have a human rights dimension. She has vast experience in successfully challenging expert evidence relating to hi-tech evidence (phone & computer, cell site & call data, social media & internet); scientific evidence (forensic, medical, pathology, psychology & psychiatry); ‘gang’ related evidence (drill music, affiliations & memberships, police ‘expert’ evidence, joint enterprise); financial evidence (banking & accounting evidence, surveillance & search warrants, disclosure & abuse of process). Some of the cases she has acted in (in addition to the ones listed above) include:
Preparation of acts of terrorism.
Dissemination of terrorist publications
Dissemination of terrorist publications.
Possession of terrorist publications.
21 counts of breach of notification requirements by a terrorist offender.
Possession and Dissemination of terrorist publications and possession of material likely to be useful for terrorist purposes.
Several counts of possession of material likely to be useful for terrorist purposes. Involved evidence in relation to Autistic Spectrum Condition. Attracted national press. Acquitted of 5 counts.
Several counts of dissemination of terrorist publications and possession of item in connection with the preparation, instigation or commission of acts of terrorism. Acquitted of all 3 counts.
Charged with possession of items likely to be useful for terrorist purposes.
Charged with dissemination of terrorist publication.
Defendant charged with conspiracy to murder and engaging in conduct in preparation for terrorist acts, namely by carrying out knife attacks in Westminster Bridge. Part of first all-female cell dubbed ‘The Tea Party’.
Defendant accused of 12 counts of dissemination of terrorist publications dubbed the ‘WhatsApp Terrorist’.
Landmark case. Along with ‘hate preacher’ Anjum Choudhury, charged with inviting support for ISIL. One of the first prosecutions under this provision.
Defendant accused of preparation of acts of terrorism in planning to go to Syria to join IS and disseminating terrorist publications.
High profile case where Defendant was acquitted of preparing for acts of terrorism, namely planning to go to Syria to fight alongside ISIS.
Charged with numerous counts of s.5 of the Terrorism Act 2006, preparation for acts of terrorism, amongst others. Brothers of ‘five star jihadi’ who was killed in battle in Syria.
Defendant accused of engaging in terrorism in Somalia. He was charged with 7 counts of fundraising and 4 counts of engaging in conduct in preparation for acts of terrorism.
Counter-terrorism prosecution for grievous bodily harm against a religious education teacher.
Kingston Crown Court. Landmark case where Defendants were acquitted of conspiracy to cause explosions with intent to endanger life in the 7/7 bombings of the London transport system.
Defendant accused of possessing ‘bomb-making manuals’ and chemicals for the purpose of terrorism, to ‘blow up the BNP’. Unanimously acquitted of all three counts.
Appeal against conviction for preparation of acts of terrorism offence.
Appeal against conviction for terrorism.
Appeal against sentence. First all-female terror cell. Attracted national press.
Appeal concerning definition of “terrorist publication” and interplay between Article 10 (freedom of expression) and section 2 of the Terrorism Act 2006. Attracted national press.
Appeal against conviction of inviting support for a proscribed organisation contrary to section 12(1) of the Terrorism Act 2000. Attracted national press.
Interlocutory appeal of the legal ingredients of section 12 of the Terrorism Act 2000 as to what amounts to ‘inviting support for a proscribed organisation ISIL’. Attracted national press.
Reduced sentence. Landmark guideline case on sentences for Section 5 Terrorism Act 2006, preparation for acts of terrorism. Attracted national press.
Appeal against sentence. Reduced. Possession of sawn-off shotgun, 46 rounds of expanding ammunition & 29 rounds of ammunition in the context of gangs.
Sentence reduced. Junior Counsel representing Sayed Al-Haddad who was involved in disturbances during the Gaza Protests in London in January 2009. Attracted national press.
Undue pressure and the appropriate circumstances in which to give a Watson Direction.
Joint enterprise murder in the context of a drugs dispute. Involved CCTV evidence that purportedly captured the incident whereby the victim was stabbed to death. Extensive use of mobile phone evidence.
Joint enterprise murder involving ‘gang members’ alleged to have been involved in a gang turf-war. Involved a reconstruction of the journey to the scene of the murder using CCTV and other footage.
Joint enterprise murder involving a car crash whereby victim was chased and stabbed. Defendant left the jurisdiction and later returned to face trial. Involved CCTV evidence, scientific evidence as well as evidence from witnesses at the scene.
Defendant accused of drugs offences in the context of a multi-handed case involving conspiracy to murder; conspiracy to possess firearms with intent to endanger lives; conspiracy to commit grievous bodily harm. Involved extensive cell site & phone evidence.
Attempted Murder on a joint enterprise basis involving gangs using machetes. Extensive CCTV evidence showed the incident unfolding and captured nine stab wounds to the victim being inflicted.
Murder involving shooting and the hiring of hit-men in the context of a drugs debt. Extensive cell-site and CCTV evidence.
High profile conspiracy to murder where defendant was accused of commissioning hit-men to assassinate the victim after a long-running feud.
Multi-handed case involving firearms, drugs and money laundering in the context of gang-related violence and allegations of ‘set-up’ by Flying Squad officers.
Retrial for manslaughter having been acquitted of murder in drugs ‘turf war’. Cut-throat defence involving hostile witnesses.
High profile case involving a single punch manslaughter of brother of England footballer. Evidence involved complex neurological and medical evidence given by numerous prominent medical experts.
Sultana advises state parties and non-governmental organisations on matters concerning disputes between states including genocide, violations of the laws of armed conflict, the investigation and the prosecution of war crimes, crimes against humanity and genocide in domestic courts and the International Criminal Court. In addition to litigation, she engages in a wide array of advisory, consultancy, and capacity-building activities in these critical areas. Sultana advises and represents state parties and organisations on matters including:
Case concerning referral of complaints to the International Criminal Courts and use of domestic Universal Jurisdiction for the prosecution of these offences.
Case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide.
Domestic criminal liabilities for breaches of international law and human rights obligations of companies operating on State’s territories.
Advising on violations during an ongoing armed conflict and issues surrounding the applicability of self-defence.
2016. Contributed to Report adopted by five UN Special Rapporteurs and submitted to the UN Human Rights Council. Focused on the jurisdiction of the European Court on Human Rights on secret renditions.
(in relation to a high-profile trial in Africa). Focused on defendants’ right to silence upon arrest, questioning and interview and whether, and to what extent, adverse inferences could be drawn.
Work included investigation and intervention in ‘urgent action’ cases of arbitrary arrests and detentions, torture and disappearances. Projects included the War on Terror, the Darfur Crisis, violence against women and children in armed conflict.
Worked on law & order issues relating to post conflict Iraq; analysing the Iraqi Constitution, the Penal Code, and the justice system in relation to international human rights and humanitarian law. Assisted in drafting recommendations to the Coalition Provisional Authority in relation to extra-territorial application of Police and Criminal Evidence Act (1984) and the Human Rights Act (1998).
Advising on International Criminal Court implementing legislation of various states in terms of their compatibility with the Rome Statute.
Advice on the granting of blanket and specific amnesties for grave violations of human rights and humanitarian law. Considered cases before UN complaints mechanisms, European Court of Human Rights, the African Commission, and Universal Jurisdiction provisions of states.
Sultana represents individuals and organisations on the engagement of treaty-based and regional human rights complaint procedures in human rights complaints including the European Court of Human Rights, the UN Human Rights Committee, and the Special Procedures mechanisms of the UN Human Rights Council. She has a particular expertise in cases involving the right to freedom of religion & belief, right to freedom of expression, and the right to protest, engaging Articles 9, 10 and 11, and in matters concerning the right to liberty and the right to a fair trial, engaging Article 5 and 6. Her notable cases include:
Asmeta v France, concerning the violations of the various rights under the International Covenant on Civil and Political Rights (ICCPR). (2023-Ongoing)
Asmeta v France, concerning the violation of the right to freedom of religion as a result of a hijab ban on female Muslim lawyers in France. (2023-Ongoing)
Asmeta v France, concerning the right to be free from discrimination. (2023-Ongoing)
Asmeta v France, concerning a violation of the right of minorities to enjoy their culture and practise their religion, as a result of the imposition of the hijab ban. (2023-Ongoing)
Asmeta v France, concerning the impact of the hijab ban on female Muslim lawyers who, therefore, cannot exercise independence from the State. (2023-Ongoing)
Asmeta v France, concerning a violation her right to bodily integrity by imposing a hijab ban on female Muslim lawyers. (2023-Ongoing)
Challenging the decision of the French Cour de Cassation (the highest court of appeal in France) on 2 March 2022, that endorsed a ban by the Lille Bar Council that prohibits French lawyers wearing the hijab or other markers of faith in court. The Cour de Cassation said the ban was necessary to ensure the ‘independence of lawyers’, the ‘equality of citizens’, and the ‘right to a fair trial’. The application against France at the European Court of Human Rights, assert violations of Articles 6, 9, 10, 13, and 14 of the European Convention on Human Rights.
Advice on application on behalf of women prisoners in Chechnya who were refused parole and consideration of caselaw under Article 5, 6 and 8 to challenge the decisions. European Human Rights Advocacy Centre (EHRAC).
Advice in case requesting precautionary measures for journalist breaking news of assassination of a special prosecutor investigating the President of Argentina. Latin American Centre for Human Rights (CLADH).
Application for suspension of Interpol Red Notice of British national in the Middle East, subjected to an arrest warrant, imprisonment, frozen assets, travel ban and extradition request. Fair Trials International.
SS, a young man of good character, who was remanded into custody for over 14 months, was unanimously acquitted of three terrorism charges following a…
No5 Barristers’ Chambers celebrates International Women’s Day by recognising our four female Silks and their achievements in law. Estella Hindley QC – First female Silk…
SS, a young man of good character, who was remanded into custody for over 14 months, was unanimously acquitted of three terrorism charges following a…
No5 Barristers’ Chambers celebrates International Women’s Day by recognising our four female Silks and their achievements in law. Estella Hindley QC – First female Silk…
