Self-proclaimed Australian ISIS commander Isaac El Matari is set to be released from prison this Sunday after serving a five-year sentence, despite authorities' power to seek an extension of his detention. The Australian Federal Police is seeking court-imposed restrictions, while the Department of Home Affairs has not applied for a continued detention order that could have kept him behind bars for up to another five years.
The Australian Federal Police has reportedly launched Federal Court proceedings seeking an interim control order that could impose restrictions on El Matari for up to 12 months. The control order would be an alternative to a continued detention order, which the Department of Home Affairs has not sought, according to The Australian as cited by 7NEWS.
El Matari, who has spent the past five years at Macquarie Correctional Centre in regional New South Wales, was sentenced in 2021 for multiple terrorism offences. He was convicted of plotting to establish an Islamic State stronghold in the Blue Mountains, discussing attacks on Sydney's St Mary's Cathedral and the US embassy, and planning to travel to Afghanistan to fight alongside ISIS militants.
He was arrested in 2019 during a counter-terrorism investigation.
During sentencing in October 2021, Justice Peter Garling found that El Matari's prospects of carrying out the attacks he discussed were extremely limited, noting he had not acquired weapons, recruited followers, or developed detailed plans. In 2022, the Law Enforcement Conduct Commission found that NSW Police had unlawfully conducted a covert search involving El Matari by misusing counter-terrorism powers.
The case of co-offender Radwan Dakkak, who was jailed alongside El Matari and later subjected to a control order, has drawn attention. Dakkak was arrested again just two weeks after leaving prison for breaching restrictions that included daily police reporting, limits on communications and internet access, and prohibitions on associating with certain individuals, including El Matari.
Analysis
Why This Matters
- The release of a convicted ISIS commander after only five years, despite authorities having the power to seek extended detention, raises public safety questions, particularly given his links to the alleged Bondi Beach massacre gunman.
- The case highlights gaps in Australia's counter-terrorism laws, where a high-risk offender can be freed without a continued detention order, relying instead on control orders that have proven difficult to enforce.
- The upcoming control order application will test the legal system's ability to manage terrorism offenders after release, especially after co-offender Radwan Dakkak quickly breached his restrictions.
Background
Isaac El Matari was arrested in 2019 as part of a counter-terrorism operation that also brought Naveed Akram to the attention of authorities. He was convicted in 2021 for plotting to establish an Islamic State stronghold in the Blue Mountains and discussing attacks on Sydney landmarks. The same network also included Radwan Dakkak, who violated his control order shortly after release. The Australian government has the power to seek continued detention for offenders still deemed a risk, but has chosen not to in El Matari's case.
Key Perspectives
Justice Peter Garling: Found during sentencing that El Matari's prospects of carrying out the attacks were extremely limited, noting he had not acquired weapons or developed detailed plans capable of being executed.
Australian Federal Police: Considering his links to the alleged Bondi attack and ongoing risk, the AFP is seeking court-imposed restrictions, including a 12-month interim control order, to monitor and limit his activities after release.
What to Watch
- Sunday's release and whether the control order application is granted before or shortly after he walks free.
- The specific terms of any imposed restrictions and how closely they mirror those that Radwan Dakkak breached.
- Potential further legal moves by the government or appeals from the AFP if additional detention is deemed necessary.
Checked
12 claims in this story checked against 1 source: 8 supported.
Show each claim
- SupportedIsaac El Matari is a convicted ISIS commander who is set to be released Sunday.7NEWS: “A convicted Islamic State terrorist with links to the alleged Bondi Beach massacre gunman is set to walk free from prison on Sunday”
- Partly supportedThe AFP is seeking a control order.7NEWS: “The AFP has reportedly launched Federal Court proceedings seeking an interim control order”
- Partly supportedThe government declined to extend El Matari’s detention.7NEWS: “the Department of Home Affairs has not applied for a continued detention order”
- SupportedEl Matari is set to be released this Sunday after serving a five-year sentence.7NEWS: “Self-proclaimed Australian ISIS commander Isaac El Matari is approaching the end of his five-year prison sentence”
- SupportedA continued detention order could have kept El Matari behind bars for up to another five years.7NEWS: “the Department of Home Affairs has not applied for a continued detention order that could have kept El Matari behind bars for up to another five years.”
- SupportedThe AFP is seeking an interim control order that could impose restrictions for up to 12 months.7NEWS: “The AFP has reportedly launched Federal Court proceedings seeking an interim control order, which could impose restrictions on the convicted terrorist for up to 12 months.”
- Not in the sourcesA control order would be an alternative to a continued detention order.7NEWS: “The AFP has reportedly launched Federal Court proceedings seeking an interim control order”
- SupportedEl Matari has spent the past five years at Macquarie Correctional Centre in regional NSW.7NEWS: “El Matari has spent the past five years at Macquarie Correctional Centre, a maximum-security prison about 50km south of Dubbo in regional NSW.”
- Partly supportedEl Matari was convicted of plotting to establish an Islamic State stronghold in the Blue Mountains.7NEWS: “El Matari was sentenced in 2021 after being convicted of multiple terrorism offences linked to his ambitions to establish an Islamic State stronghold in the Blue Mountains.”
- SupportedEl Matari discussed plans to attack Sydney’s St Mary’s Cathedral and the US embassy.7NEWS: “He had also discussed plans to attack Sydney’s St Mary’s Cathedral and the US embassy”
- SupportedJustice Peter Garling found during sentencing in October 2021 that El Matari’s prospects of carrying out the attacks he discussed were extremely limited.7NEWS: “During El Matari’s sentencing in October 2021, Justice Peter Garling found his prospects of carrying out the attacks he had discussed were extremely limited.”
- SupportedIn 2022, the Law Enforcement Conduct Commission found NSW Police had unlawfully conducted a covert search involving El Matari by misusing counter-terrorism powers.7NEWS: “In 2022, the Law Enforcement Conduct Commission also found NSW Police had unlawfully conducted a covert search involving El Matari by misusing counter-terrorism powers.”