Spain Deports Moroccan Jihadist Despite Asylum Claim Based on Sexual Orientation

The accused was sentenced in March 2020 to two years in prison by the criminal chamber of the National Court for self-radicalization into jihadism. The Moroccan is accused of having disseminated on Facebook an audio in which he swore allegiance to Daesh, as well as calls for jihad. The process of his expulsion was initiated in 2019 after the Directorate General of Information of the Civil Guard, the unit in charge of monitoring suspected terrorists, noticed that he "participated in activities contrary to national security," reports El Confidencial Digital.

On October 7, 2020, the Secretary of State for Security signed the order to expel this Moroccan from Spanish territory, with a 10-year entry ban into Spain, effective from the date of his expulsion. The Moroccan is considered a threat to Spain’s national security because the indoctrinated persons, according to the National Court, "end up associating with terrorist groups and organizations." Moreover, the accused was not integrated into Spanish society.

To try to prevent his expulsion, the Moroccan claimed to hold a long-term residence permit and that he has been legally residing in Spain for more than 10 years. He added that he is homosexual, a sexual orientation "not accepted by Moroccan society," his country of origin, saying he fears for his life if his expulsion to Morocco were effective. But the judges dismissed these grounds, arguing that long-term legal residence is not synonymous with integration and that "homosexuality is punishable by imprisonment in Morocco, so there is no risk to his life."