have been activated administrative removals -without prior trial- of those accused by Spain as alleged Islamist radicals to Morocco, in recent months, in application of the Aliens Law. The last known are those of the Islamic leaders based in Catalonia, Mohamed Said Badaoui Y Amarouch Azbiand that of another resident in Talayuela (caceres), Yahya Benaouda.
Legal sources linked to the fight against jihadist terrorism consulted have indicated that, although there has not been a “significant” increase in expulsions, it may give the impression that they have reactivated due to several factors.
Fundamentally, due to the end of the covid restrictions in Morocco, the improvement of relations between Spain and the Alaouite kingdomand the decrease in the imputation of crimes of integration into a terrorist organization following the fall of Islamic Statesince administrative expulsions are applied to lesser crimes and always punished with less than 6 years in jail.
And it is that, according to the various sources consulted, “the expulsion, on occasions when the behaviors they are at limit of what is punishablemay be more effective for the general interest“.
last three expelled
At another time they probably would have had to sit on the bench of the National Court for crimes related to jihadist terrorism and having been expelled once they had served sentence.
“For a long time on the subject covid Expulsions to Morocco were not being carried out, and although the administrative authority had agreed on the expulsion, since the expulsions were not carried out, we had to sit those people on the bench” so that they would not go unpunishedexplained to EFE one of the sources consulted.
However, the new circumstances are promoting these expulsions, agreed under the premise that their activities endanger national securityone of the assumptions included in the Immigration Law as a reason to decree the expulsion of foreigners from Spanish territory by administrative means.
said badaouipresident of the Association in Defense of the Muslim Community of Reus and who had lived in Catalonia for more than 30 years, was transferred to Morocco by the Police on November 19 together with another Islamist leader also resident in this Tarragona municipality, Amarouch Azbi, by the “dissemination of radical pro-jihadist postulates“especially to minors.
The declaration approved by the Board of Spokesmen of the Catalan Parliament -with the support of ERC, the CUP, JxCat and En Comu Podem- of solidarity with Badaoui by considering her a victim of “political repression and Islamophobia” by the Condition.
Weeks before, the imam of Talayuela (Caceres) had already been expelled after being considered the greatest exponent in the diffusion of salafism in the region of Campo Aranuelo. According to Policemanand as endorsed by the Contentious Chamber of the National Court, with his conduct he contributed to prevent the integration of Muslims in the area and the discrimination and social segregation of women.
Aliens Law
Under the Aliens Act, when a foreigner is detained with legal or irregular residence in Spain for crimes related to jihadism, before opening a procedure to decree the expulsion, the administrative authority must Check if you have a criminal record and go to the judicial bodies where you have those pending criminal responsibilities.
In the event that the crime for which you are being investigated has a prison sentence of more than 6 years expulsion would not be possible, while if the penalty is lower, the judicial authority, after obtaining a report from the prosecutor, prepares another report in which said consent is normally given without there being any reason to oppose the administrative decision, “unless there are causes very justified.”
Once the judges see no problem for expulsion, the procedure is provisionally archived in case at any given time the expelled person returns to Spain, either irregularly or with their papers in order, and, if the cause has not prescribed, reopens the procedure to prosecute him.
Trials and convictions
Since after the fall of Islamic State in Syria they have dropped a lot crimes of integration into a terrorist organizationsentenced to more than six years, that can also give the impression that they are held fewer trials for jihadist terrorism and at the same time that there are more expulsions, the sources say.
An expulsion granted by the Central Court of Instruction number five of the National Court to an investigated by exaltation established in Toledo and that it was suspended due to the appeal that he filed for an alleged request for asylum that the person under investigation would have made, the sources report.
Another pending administrative decision of expulsion is the one that affects the acquaintance jihadist Mohamed Achrafalthough in his case this was linked to the end of compliance with the sentence of 14 years in prison which was imposed by lead a terrorist cellcalled ‘Martyrs for Morocco’who planned to attack the National Court with a truck loaded with explosives.
In the end, this expulsion could not be carried out because after serving a sentence re-entered preventive detention for allegedly integrating the so-called ‘front of jails’ jihadist, cause for which it has recently been acquittedalthough the decision is not yet final because it is pending appeal.
Despite this, according to the sources, the expulsion could be executed, although, in the event that it is revoke the sentence and finally condemn himyou should ask for your extradition to make it worth it.
