EL HASKI v. BELGIUM JUDGMENT
3
and the applicant had been given responsibilities within the group. He added
that after the Western intervention in Afghanistan in 2001 the movement
had been split up into small units based in Morocco, France, Belgium, Italy,
the United Kingdom and Canada, and that the Belgian unit included H., B.
and O. in particular.
In view of those statements, and others made by another suspect on
9 August 2003, Morocco issued, on 3 October 2003, an international arrest
and extradition warrant in respect of a number of individuals, including the
applicant, H. and B., for, in particular, “conspiring to prepare and commit
acts of terrorism, and collecting funds to support terrorist action”.
13. On 9 October 2003 the State security service transmitted a fourth
report to the investigating judge concerning a certain I., who, on
17 November 2003 reported the loss of his passport to the Moroccan
Consulate in Antwerp and applied for a new one. He subsequently stated
that he had done so in order to obtain a passport for the applicant to be able
to enter Belgium.
14. On 15 March 2004 the State security service issued a fifth report,
indicating in particular that B.’s home had been placed under surveillance in
the second half of January 2004 and that it was frequented by the applicant,
his brother Hassan, O. and H.
15. On 16 March 2004 the Federal Prosecutor’s Office filed additional
submissions against persons unknown on a charge of participating in
terrorist activity.
16. On 19 March 2004 the federal police arrested H., O. and two other
persons, after carrying out searches during which forged passports and
Belgian identity cards for foreign residents, among other items, had been
seized.
17. In the same period in France, in connection with a judicial
investigation against persons unknown, opened on 19 May 2003 on a charge
of conspiring to commit acts of terrorism, six individuals suspected of
taking part in the GICM were arrested on 4 and 5 April 2004 (three of
whom had been named in the Moroccan extradition warrant of 3 October
2003).
While they were in police custody, and again before the French
investigating judges, the suspects made statements in particular about the
international structure of GICM, the military training carried out by some of
them in Afghanistan, their meeting in that country with those implicated in
the Belgian proceedings, the role played by the latter in the GICM’s
international structure and their activities in Belgium.
18. In a report of 1 June 2004, the State security service referred to its
surveillance on 12 March 2004 of a snack bar (“Le Village”) in a suburb of
Brussels.
19. A second wave of searches took place on 8 June 2004 and four
individuals were arrested.