Explaining Technical Evidence in a Terrorism-Related Criminal Case
Mohamed Abdullahi Khalif | Prosecutor
16 September 2023 | Somalia
Overview
On 16 September 2023, I participated as a prosecutor in criminal proceedings involving a defendant accused of being a member of Al-Shabaab. An important part of the case concerned a large quantity of emergency space blankets that had been seized while allegedly being transported towards an active conflict area.
According to the prosecution case presented before the Court, Somali security forces intercepted the defendant at a security checkpoint outside Mogadishu while he was transporting multiple cartons containing emergency space blankets. The prosecution alleged that the materials were being transported towards Galmudug State, where fighting was taking place between Al-Shabaab and forces of the Federal Government of Somalia.
The wider conflict also involved support from Somalia's international partners as part of broader counter-terrorism efforts. Aerial operations formed part of the military environment in which the fighting was taking place, including operations conducted at night.
According to the prosecution case, the seized emergency blankets were not being transported for their ordinary medical, humanitarian or survival purpose. The allegation presented before the Court was that they were intended to reach Al-Shabaab elements operating in the conflict area and, in particular, individuals involved in directing battlefield activities.
The significance of the blankets was connected to their heat-reflective characteristics. Emergency space blankets are ordinarily designed to reduce heat loss and are widely used in emergency and medical settings. Scientific literature also shows that reflective rescue blankets can interfere with the recognition of a human body by thermal imaging systems.
This technical characteristic was important to understanding the prosecution's allegation concerning why such a large quantity of otherwise ordinary emergency material was allegedly being transported towards an active conflict area.
The defendant was intercepted by Somali security forces before the materials reached their alleged destination in Galmudug. He was subsequently brought before the Court, and the seized materials formed part of the evidence considered during the proceedings.
During the hearing, I explained to the Court what an emergency space blanket is, its ordinary purpose, the basic concept of thermal observation, and why the seized materials were relevant to the prosecution's case.
I also used a general security example to make the underlying technology easier to understand. I explained that thermal-imaging technology can assist in identifying the presence of people by detecting differences in thermal radiation rather than relying solely on ordinary visible light. This helped explain to the Court why material designed to reflect radiant heat could become relevant in a case involving thermal observation.
As part of the presentation, I also referred to the experience of the Taliban in Afghanistan as historical context. Reports have described Taliban fighters using blankets or space blankets in attempts to reduce their infrared or thermal signatures when facing technologically advanced NATO and coalition surveillance. This was not merely a theoretical comparison: published reporting has documented Taliban efforts to adapt to thermal surveillance, while later technical literature has examined the effects of reflective blankets on infrared detection.
The comparison was relevant because it helped demonstrate that an ordinary object can acquire a very different evidential significance depending on its quantity, circumstances of transportation, alleged destination, intended recipients and alleged purpose.
An emergency space blanket is not, by itself, an unlawful object. It has legitimate medical, rescue and survival uses. The prosecution's case therefore did not depend simply upon the defendant possessing such materials. Their significance had to be understood together with the other evidence and circumstances presented before the Court.
My role during this part of the proceedings was to make that technical relationship understandable: to connect the physical evidence seized by the security forces with the scientific concept involved and the prosecution's allegations concerning its intended purpose.
Following consideration of the evidence and the proceedings before it, the Court convicted the defendant.
For me, the case demonstrated an increasingly important aspect of modern prosecution: evidence does not always explain itself. When criminal proceedings involve unfamiliar technology, specialised materials or technical concepts, prosecutors may need to translate those subjects into clear courtroom language so that the Court can understand what the evidence is, how it relates to the circumstances of the case, and why it is relevant.
Courtroom Video
Original Language: Somali
Date: 16 September 2023
Speaker: Mohamed Abdullahi Khalif
Role: Prosecutor
Subject: Emergency Space Blankets and Technical Evidence
The video below contains part of the explanation I delivered during the court proceedings concerning the emergency space blankets and their relevance to the evidence presented before the Court.
Because the original presentation was delivered in Somali, an English transcript and translation is provided for international viewers.