The AN endorses the expulsion of the leader of the Islamic community of Talayuela for his activity against national security

He says that he was the greatest exponent of the spread of Salafism in the region, that he defended the 'sharia' and the segregation of women

MADRID, 15 Nov. (EUROPA PRESS) -

The National Court has dismissed the appeal of the leader of the Muslim community of Talayuela (Cáceres) against his expulsion from the country and thus endorses the resolution of the Ministry of the Interior, of June 2020, which was based on the commission of a very serious infraction by carry out activities contrary to national security.

In a statement sent by the Fifth Section of the Contentious-Administrative Chamber, collected by Europa Press, it is explained after examining the statements of the leader, Yahya Benaouda, and the evidence provided, he understands that none of the allegations have been considered proven of the appellant trying to discredit the facts.

Specifically, the complaint from the General Information Police Station reported that this leader was the greatest exponent of the spread of Salafism in the Muslim community of the Campo Arañuelo region (Cáceres) and one of the most influential leaders in it, characterized by its radical profile and discourse.

In the opinion of the Interior, this made him a threat to security and social stability, and ruled out that he was relevant to adopt the decision to collaborate in certain aid activities against Covid-19 because he carried them out after the start of the procedure.

Nor has their commitment against bullying weighed, they say that it is of interest to any citizen, and they add that ultimately the appellant's activity reported by the General Information Police Station has not been considered discredited.

To this, they add that the leader of the Muslim community has not questioned throughout the procedure that he was the owner of two accounts on a social network dedicated to the dissemination of content related to radical Islamist movements.

The statement from the National High Court indicates that all of this leads the Chamber to consider the appellant's activity as a promoter of radical doctrines, of the non-integration of Muslims in the host society, of the rejection of Western democratic values, of the defense of the application of the 'sharía' instead of the Spanish legal system and of the discrimination and social segregation of women.

It adds that this has been considered sufficient to prove his participation in activities contrary to national security and, therefore, of the commission of the offense for which the expulsion order has been issued.

The court makes it clear in its resolution that he is not expelled for exercising a certain religious confession, but for carrying out the above activities contrary to national security, whose determination and assessment have been carried out without any reference or connection with the profession of that confession that is not merely incidental. He emphasizes that his religious freedom cannot be considered violated.

Finally, the Chamber highlights that after analyzing the personal and family conditions of Benaouda in accordance with the jurisprudence of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU) they understand that with his expulsion the any process of effective integration in the country because it has not existed.

And they emphasize that in any case, "the possible personal and family impact of the measure on the appellant must yield to the proven impact that his activities cause on national security."

"He has dedicated his stay in our country, as has been seen, to the dissemination in the Cáceres region of Campo de Arañuelo of the radical postulates of the Salafist ideology, of the prevailing application of Islamic law with respect to the Spanish legal system, of discrimination and segregation of women and the support of preachers imprisoned for disseminating extremist ideologies", concludes the Chamber and then adds that this guarantees the proportionality of the agreed expulsion measure.