The National Court acquits the six defendants accused of forming a jihadist cell in Inca

PalmThe National Court (Audiencia Nacional) has acquitted the six defendants accused of jihadist indoctrination in Inca, Mallorca, who possessed "particularly disturbing" videos with radical content. The court determined that, although they "sympathized with the tenets" of the Islamic State (ISIS/Daesh), these ideas "did not exceed the limits of ideological expression." This is stated in a ruling in which the court considers that there is no evidence to confirm that, by accessing the jihadist material, they "had the aim of training themselves to commit a terrorist act."

The prosecution presented at the trial a series of four videos entitled Toufik went to Syria, in which the considered leader, Tariq C.The series, "with the help of the other defendants," depicts the radicalization, recruitment, and deportation to Syria of Toufik, a fictional young man residing in Palma, where the propaganda activities took place. The character was played by Hussein F., the other defendant accused of indoctrination, according to the indictment. Regarding this series, the court explains that it "in no way incites anyone to join the ranks of ISIS as a mujahideen (fundamentalist Islamic fighter)," but rather "discourages anyone from doing so." Therefore, it "cannot be" considered a crime of terrorist indoctrination. The National Court concludes that Tariq C. is "a well-known preacher among the Muslim population" due to his YouTube channel and that he "aligns himself with the Salafist branch of Islam and may share some of the pro-jihadist tenets."

However, "his messages do not have a single, unequivocal content," and "are closer" to sermons included in the case file, such as the one he gave on April 5, 2014, at the Manacor mosque, in which he stated that "everyone's duty is to take care of their own."

Regarding the other defendants, the National Court points out that habitual internet access "searching for information and content related to a specific form of jihadist political violence" is "not enough" to convict them.

What is needed, it continues, is "the identification of dangerous behaviors, whether considered dangerous in themselves or due to their potential consequences." "Case law unanimously requires proof that self-training in violent radicalism is aimed at committing a terrorist act or indoctrinating others," the court summarizes. In its indictment, the prosecution requested prison sentences of between five and eight years and fines of up to €12,000 for alleged crimes of terrorist indoctrination and self-indoctrination.