EL HASKI v. BELGIUM JUDGMENT
7
Lastly, the Belgian trial courts are by no means bound by those statements and
remain free to decide on their relevance and accuracy.”
...
(ii) Examination on the merits
39. In its judgment, the Court of Appeal began by showing that the
GICM was a terrorist group within the meaning of Article 139 § 1 of the
Criminal Code, explaining that it was an organised association of more than
two people, established on a lasting basis, which engaged in concerted
action for the purpose of committing terrorist offences covered by
Article 137 of the Criminal Code. It observed in particular that the group
had set up a coordination committee in Morocco and a number of cells in
Europe, which had acted in a concerted manner to commit terrorist offences
(in particular, homicide and widespread destruction or damage) with the aim
of destroying by violence the fundamental structures of Morocco, so that the
caliphate could be restored in that country, and of engaging in a holy war
that would spread to other countries.
40. As regards, more specifically, the guilt of the applicant himself, the
Court of Appeal first noted that “it [could] be seen with certainty from
certain elements of the procedure” that he had taken part in the activity of a
terrorist group, within the meaning of Article 140 § 1 of the Criminal Code,
by taking a number of initiatives to facilitate transfers of funds that were
necessary for the financing of the GICM’s unlawful activities, by circulating
information about them and acting as a coordinator between the members of
the Belgian and French cells, and that he was aware that such participation
would contribute to the commission of a criminal offence. It thus concluded
that there were a “number of sufficiently strong presumptions of fact”, with
reference to the following evidence:
- statements made by individuals interviewed in Morocco and
information from the Moroccan authorities;
- statements made by individuals interviewed in France;
- statements made by the applicant, from which it transpired that he had
participated in GICM meetings in Europe;
- the fact that the applicant had made “a number of journeys in countries
known for radical Islamist opinions developed by certain influential
groups”, had “followed paramilitary training in Jalalabad” and had had
“numerous contacts with individuals known for their close relations with
extremist Islamist cells or active participation therein”;
- the applicant’s participation in the extremist activities of Islamist
groups that were active on an international scale, based on an
international arrest warrant issued against him by the Moroccan
authorities in connection with an investigation into terrorist activities,
and on the fact that he had fled Saudi Arabia, where he was suspected of