BELGIUM: Citizenship deprivation against dual nationals recruiting young Muslims , an efficient measure?
– By Willy Fautré, Human Rights Without Frontiers –
HRWF (27.10.2018) – On 23 October 2018, the Court of Appeal of Antwerp stripped dual national Fouad Belkacem of his Belgian citizenship, leaving the leader of Sharia4Belgium with his sole Moroccan nationality. He was accused of recruiting young Muslims as jihadists for the Islamic State. In 2015, Fouad Belkacem was sentenced to 12 years in jail and fined 300,000 euros for being the leader of a terrorist outfit. Without his Belgian nationality, Fouad Belkacem can be expelled to Morocco but he can still take the matter to the Court of Cassation where procedural issues are settled. Belgian Asylum Secretary Theo Francken has welcomed the news on social media. On Twitter he wrote: “Terrorist leader loses nationality. Excellent, but it should happen automatically in the event of a terrorism conviction.”
On 1 December 2017, the Court of Appeal in Brussels deprived two dual nationals of their Belgian citizenship. It ruled that Bilal Soughir, who had recruited in 2005 the Belgian and first Western kamikaze Muriel Degauque, would be stripped of his Belgian citizenship and would consequently only retain his Tunisian nationality. It also ruled that Malika El Aroud, a 58-year-old woman convicted of recruiting young Brussels Muslims to fight in the so-called “holy war” in Afghanistan, be stripped of her Belgian citizenship. She now only has Moroccan citizenship. In her case, the proceedings started in 2014 but took three years before the decision of the court because her solicitor had taken the case to the Constitutional Court. At the Court of Appeal, the Advocate-General said that Ms El Aroud no longer deserved Belgian citizenship as “for many years she has continually spread jihadism in our country”. Malika El Aroud, also known as the “Black Widow of the Jihad, had twice been married to Muslim extremists, both of whom died in the so-called “holy war’. She was first the wife of Dahmane Abd al-Sattar, a.k.a. Abdessatar Dahmane, one of the men who killed anti-Taliban leader Ahmad Shah Massoud two days before the September 11, 2001 attacks. Arrested in 2008 for recruiting young Muslims for Osama bin Laden, she was sentenced to 8 years in prison and fined 5,000 euro for terrorist-related offences in 2010.
Recruiting young people for the jihad in Syria, Iraq, Afghanistan and other countries is a drama for their families and training them on such battlefields for subsequently perpetrating terrorist attacks in Europe constitutes a serious threat to national and human security in Belgium and other European countries. However, court procedures aiming at the deprivation of their citizenship take many years in democratic countries as there are many possibilities of legal recourse. Moreover, such a court decision can only be effective if they are immediately deported at the end of their prison term and if their country of origin accepts them…
Fouad Belkacem: Belgian Islamist leader loses citizenship
BBC (23.10.2018) – https://www.bbc.com/news/world-europe-45951138 – Jailed Islamist Fouad Belkacem, whose group Sharia4Belgium sent dozens of jihadists to Syria, has been stripped of his Belgian citizenship and faces deportation to Morocco.
The appeal court in Antwerp ruled that he had fallen seriously short of his duties as a citizen.
Belkacem was jailed in 2015 for leading a terror group, many of whose recruits joined jihadist group Islamic State.
More Belgians per capita went to fight in Syria than from any other EU state.
Some of those who returned to Europe were involved in the Paris attacks in 2015 and the Brussels bombings of March 2016.
Belkacem’s Sharia4Belgium originated in Antwerp, recruiting the first Belgian fighters before it was disbanded.
It took its inspiration from Islam4UK, a group once led by Anjem Choudary, a radical preacher who was released from a British jail on 19 October. During Belkacem’s 2015 trial it emerged that he had co-founded Sharia4Belgium shortly after spending time at a London mosque.
Another group known as the Zerkani network recruited jihadists, such as Paris attacker Abdelhamid Abaaoud and Brussels bomber Najim Laachraoui, from the Molenbeek area of Brussels.
After he was given a 12-year jail term, Belgian officials began work on removing his citizenship. As a dual national he retains Moroccan citizenship.
Belgian Migration Minister Theo Francken praised the decision to strip Belkacem of his Belgian nationality, but added that such a move should be automatic after any terrorism conviction.
Removing citizenship from jihadists with dual nationality remains controversial. France announced plans to introduce the policy after the November 2015 attacks but dropped them the following year.
Belkacem is not the first Belgian linked to terror to lose his nationality. Malika el-Aroud was stripped of her citizenship last year for leading an al-Qaeda linked group.
He can still appeal against the decision to Belgium’s court of last resort, the court of cassation, or to the European Court of Justice.
His lawyer, Liliane Verjauw, said he no longer had any connection to Morocco and considered himself Belgian.
“His family has been here for 50 years, over three generations. His Belgian nationality is part of his identity,” she said.