4
EL HASKI v. BELGIUM JUDGMENT
20. On 26 June 2004, B., who had been arrested in the Netherlands on
27 January 2004 on the basis of a Moroccan warrant of October 2003, was
extradited to Belgium.
21. I. was arrested on 16 September 2004. Individuals with links to the
applicant or to some of his co-defendants were also arrested in Spain in
connection with the investigation into the Madrid bombings of 11 March
2004.
22. The last report of the State security service, dated 6 January 2005,
indicated that a certain R. might also be linked to the suspects in the case.
B. The criminal proceedings
23. In a decision of 29 August 2005 the Committals Division (chambre
du conseil) of the Brussels Court of First Instance committed the applicant
and twelve others to stand trial before the Brussels Criminal Court for, in
particular, participation in a terrorist group. On the same day, finding that
the applicant had provided evidence of low income, it granted him legal aid
so that he could receive a free copy of the entire case file.
24. Documents transmitted by the Moroccan authorities in response to
an international letter of request were added to the file after the finalising of
the pre-trial proceedings. They were reports of interviews with four of the
suspects who were held in Morocco.
One of the reports concerned an interview on 14 January 2004 with a
certain A., who had been arrested in Saudi Arabia and extradited on that
date to Morocco. According to the indications in the Federal Prosecutor’s
report on the facts (see paragraph 9 above), A. had stated, in particular, that
he had met the applicant, who was a childhood friend of his, in Afghanistan
in 1998, and then in 2000 had met the defendant H., while the latter was on
a training course in the use of explosives and remote-controlled bombs. A.
had added that, in early 2000, the GICM had been re-organised around
committees, with the applicant chairing the religious affairs committee and
H. being a member of the security committee. He had also explained that he
had shared accommodation with the applicant for four months in Kabul in
early 2001, in a “GICM guest house” where the group’s leaders would
incite them to “go and carry out jihadist operations in Morocco”, and that
after the Western intervention in 2001, he had travelled to Morocco, where
he had taken part in GICM meetings accompanied, in particular, by the
applicant; he had then met up with the applicant again in 2003 in Saudi
Arabia. A. had also confirmed the existence of GICM units in France and
Belgium, and the fact that B. and O., who he had seen in Afghanistan in
2000 and 2001 respectively, were involved in the Belgian unit.