Political
68-621: The Moroccan Islamic Combatant Group , known by the French acronym GICM ( Groupe Islamique Combattant Marocain ), was a Sunni Islamist militant organization that operated in Morocco, North Africa, and Western Europe. The organization's objective was to establish an Islamic government in Morocco. GICM was established in 1998 after Arab Afghan veteran fighters, who had fought alongside the Afghan Mujahideen , returned to Morocco with
136-502: A criminal offence" who is in Mr. Colozza’s position, that person should, once he becomes aware of the proceedings, be able to obtain, from a court which has heard him, a fresh determination of the merits of the charge. The Human Rights Committee (HRC) examined Monguya Mbenge v. Zaire (1990) in which the applicant was sentenced to death while exiled in Belgium and was only able to learn of
204-411: A criminal trial. Conviction in a trial in which a defendant is not present to answer the charges is held to be a violation of natural justice. Specifically, it violates the second principle of natural justice , audi alteram partem (hear the other party). In some civil law legal systems , such as that of Italy, absentia is a recognized and accepted defense strategy. Such trials may require
272-491: A defendant in absentia is represented by court-appointed counsel and where he or she has an opportunity to be re-tried, the right to a fair trial will not be violated. The committee disagreed, describing Italy's position as: clearly insufficient to lift the burden placed on the State party if it is to justify trying an accused in absentia. It was incumbent on the court that tried the case to verify that [Maleki] had been informed of
340-469: A defendant may forfeit the right to be present at trial through disruptive behavior , or through his or her voluntary absence after trial has begun. In 1993, the Supreme Court revisited Rule 43 in the case of Crosby v. United States . The Court unanimously held, in an opinion written by Justice Harry Blackmun , that Rule 43 does not permit the trial in absentia of a defendant who is absent at
408-877: A functional organization. The GICM was founded in the 1990s by Moroccan recruits from al-Qaeda training camps in Afghanistan and former Mujahideen veterans from the Soviet–Afghan War . Formed as a splinter group of the Harakat al-Islamiya al-Maghrebiya al-Mukatila (HASM) and Shabiba al-Islamiya groups, the GICM's stated goal was to establish an Islamic state in Morocco . The group gained its finances from criminal activities such as robberies, extortions, document forgery , illegal drug trade and arms trafficking through North Africa and Europe. One early cell affiliated with
476-540: A jihad against non-Muslims, also known as Moplah riots, with thousands being killed in the Malabar region of Kerala. The Arabic word dawla comes from the root d-w-l , meaning "to turn, come around in a cyclical fashion". In the Quran , it is used to refer to the nature of human fortunes, alternating between victory and defeat (3:140). This use led Arab writers to apply the word to succession of dynasties, particularly to
544-504: A manner specified by law. In general, the Czech Criminal Procedural Code requires the presence of the defendant in any criminal proceedings. The code recognizes the following exemptions from this rule, when criminal proceedings may be conducted without the presence of the person charged: Apart from the aforementioned cases of in absentia proceedings in the narrow sense, the defendant may also be absent during
612-525: A new base for the group. The Catalonia -based Rabet and Nakcha groups, which recruited suicide bombers to Iraq were dismantled in 2005 and 2006. In Paris , thirteen people suspected of links to the GICM were arrested in 2004. The imam of a mosque in Varese , Italy suspected of raising money and recruiting for the GICM was extradited to Morocco in 2008. According to the Federal Police of Brazil , GICM
680-552: A reaction to the abolition of the Ottoman caliphate in 1924. It was also in this context that the famous dictum that Islam is both a religion and a state ( al-Islam din wa dawla ) was first popularized. The modern conception of Islamic state was first articulated by the Syrian-Egyptian Islamic theologian Muḥammad Rashīd Riḍā (1865–1935). Rashid Rida condemned the 1922 Turkish Abolition of Sultanate which reduced
748-471: A right to attend, meet, and petition the king directly through the traditional tribal meeting known as the majlis . The Constitution of Yemen declares that Islam is the state religion , and that Shari'a (Islamic law) is the source of all legislation. The Islamic Republic of Mauritania is a country in the Maghreb region of western North Africa . Mauritania was declared an independent state as
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#1732780613150816-489: A summons prior to being tried. In this sense, the ministers are emphasizing that it is not the presence of the accused at the hearing that is of importance, rather the focus should be on whether or not the individual was informed of the trial in time. In a 1985 judgement in the case Colozza v Italy , the European Court of Human Rights stressed that a person charged with a criminal offence is entitled to take part in
884-516: A term, it has been used to describe various historical polities and theories of governance in the Islamic world. As a translation of the Arabic term dawlah islāmiyyah ( Arabic : دولة إسلامية ) it refers to a modern notion associated with political Islam ( Islamism ). Notable examples of historical Islamic states include the state of Medina , established by the Islamic prophet Muhammad , and
952-438: A trial in absentia can be considered compatible with Article 6, the right to a fair trial . According to Pieter Cleppe of the think-tank Open Europe , in parts of Europe, in absentia trials essentially give defendants the ability to appeal twice—asking for a retrial at which they would be present and then potentially appealing the second verdict. There are some guarantees in the legal system that make sure that it's fair, that
1020-452: Is one of seven Islamic terrorist groups active in the country, and in the border area with Argentina and Paraguay . The group has also operated in Canada . By 2010, most of the organization's leadership had reportedly been imprisoned or killed, although former cells and members at large were still considered a possible threat. Although not officially confirmed, according to some sources
1088-402: Is a criminal proceeding in a court of law in which the person being tried is not present. In absentia is Latin for "in (the) absence". Its interpretation varies by jurisdiction and legal system. In common law legal systems, the phrase is more than a spatial description. In these systems, it suggests a recognition of a violation of a defendant's right to be present in court proceedings in
1156-535: Is an Islamic absolute monarchy . The Basic Law of Saudi Arabia contains many characteristics of what might be called a constitution in other countries. However, the Qur'an and the Sunnah is declared to be the official constitution of the country which is governed on the basis of Islamic law (Shari'a) . The Allegiance Council is responsible to determine the new King and the new Crown Prince. All citizens of full age have
1224-431: Is not obliged to execute a European Arrest Warrant if the country that is making the request has already tried that person in absentia. Conditions under which trials in absentia must be recognised include: if the person can be said to have been aware of the trial; if a counsellor took their place at the trial; if they do not request an appeal in due time; and if they are to be offered an appeal. The framework decision on
1292-781: The Khilafa into a purely spiritual authority; soon after the First World War . In his book al-Khilafa aw al-Imama al-Uzma (The Caliphate or the Grand Imamate) published in 1922, Rida asserted that the Caliphate should have the combined powers of both spiritual and temporal authority. He called for the establishment of an Islamic state led by Arabs , functioning as a khilāfat ḍurūrah (caliphate of necessity) that upholds Sharia , and defend its Muslim and non-Muslim subjects. Another important modern conceptualization of
1360-596: The European Arrest Warrant provides for the legal guarantees relevant to trials in absentia. While the framework decision explicitly refers to Article 6 of the European Convention on Human Rights , its purpose is not to harmonise national laws on trials in absentia but to provide terms for the non-recognition of a European Arrest Warrant and other cooperative tools. The framework decision provides detailed conditions and requirements on which
1428-674: The Ottoman Empire was abolished under Mustafa Kemal Atatürk in 1924 as part of Atatürk's Reforms . This move was most vigorously protested in India, as Mahatma Gandhi and Indian Muslims united behind the symbolism of the Ottoman Caliph in the Khilafat Movement which sought to reinstate the caliph deposed by Atatürk. The movement leveraged the Ottoman resistance against political pressure from Britain to abolish
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#17327806131501496-563: The Umayyad Caliphate (661–750) and consequently the Abbasid Caliphate (750–1258). The essence or guiding principles of an Islamic government or Islamic state is the concept of al- Shura . Several scholars have different understandings or thoughts, with regard to the concept al-Shura. However, most Muslim scholars are of the opinion that Islamic al-Shura should consist of the following: Muhammad himself respected
1564-666: The United Kingdom , and Abdelaziz Benyaich in Morocco. The group has also been linked to the 2007 Casablanca bombings . Also active with recruiting jihadist fighters to Iraq , the GICM has been responsible for attacks including at least one suicide bombing against the Multi-National Force – Iraq . A large part of the GICM's membership was drawn from the Moroccan diaspora in Western Europe , where it
1632-585: The Arab caliphate which continued under his successors and the Umayyads . The concept of the modern Islamic state has been articulated and promoted by ideologues such as Sayyid Rashid Rida , Mohammed Omar , Abul A'la Maududi , Ayatollah Ruhollah Khomeini , Israr Ahmed , Sayyid Qutb and Hassan al-Banna . Implementation of Islamic law plays an important role in modern theories of the Islamic state, as it did in classical Islamic political theories. However, most of
1700-569: The Iranian Revolution also became disenchanted and critical of the unity of religion and state in the Islamic Republic of Iran, are advocating secularization of the state to preserve the purity of the Islamic faith (see Abdolkarim Soroush and Mohsen Kadivar ). Per Supreme leader, Islamic state is the 3rd phase of Iranian Islamic Republic program and is in and of itself part of New Islamic Civilization . Saudi Arabia
1768-575: The Islamic Republic of Mauritania, on November 28, 1960. The Constitutional Charter of 1985 declares Islam as the state religion and sharia the law of the land. Pakistan was created as a separate state for Indian Muslims in British India in 1947, and followed the parliamentary form of democracy. In 1949, the first Constituent Assembly of Pakistan passed the Objectives Resolution which envisaged an official role for Islam as
1836-530: The Islamic state is attributed to Abul A'la Maududi (1903–1979), a Pakistani Muslim theologian who founded the political party Jamaat-e-Islami and inspired other Islamic revolutionaries such as Ayatollah Ruhollah Khomeini . Abul A'la Maududi's early political career was influenced greatly by anti-colonial agitation in India, especially after the tumultuous abolition of the Ottoman Caliphate in 1924 stoked anti-British sentiment. The Islamic state
1904-658: The Islamic state: The first Islamic State was the political entity established by Muhammad in Medina in 622 CE under the Constitution of Medina . It represented the political unity of the Muslim Ummah (nation). It was subsequently transformed into the caliphate by Muhammad's disciples, who were known as the Rightly Guided ( Rashidun ) Caliphs (632–661 CE). The Islamic State significantly expanded under
1972-530: The Persian davlat can mean either state or government. According to Pakistani scholar of Islamic history Qamaruddin Khan, the term Islamic state "was never used in the theory or practice of Muslim political science, before the twentieth century". Sohail H. Hashmi characterizes dawla Islamiyya as a neologism found in contemporary Islamist writings. Islamic theories of the modern notion of state first emerged as
2040-663: The United Kingdom, and later sentenced in absentia to 20 years in prison in Morocco for his role in the 2003 Casablanca bombings. A Belgian cell led by Abdelkader Hakimi, Lahoussine el-Haski, Mostafa Louanani, and eight other men were convicted in 2006. Members of the GICM have also been arrested in Spain and France. Four members were arrested in the Canary Islands in December 2004, suspected of preparing to establish
2108-711: The United States have held that the United States Constitution protects a criminal defendant's right to appear in person at their trial, as a matter of due process , under the Fifth , Sixth , and Fourteenth Amendments . In 1884, the Supreme Court of the United States held that the legislature has deemed it essential to the protection of one whose life or liberty is involved in a prosecution for felony, that he shall be personally present at
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2176-454: The abduction were found guilty. The trial of American Amanda Knox for the 2007 murder of British student Meredith Kercher highlighted the issue of Italy's willingness to try defendants in absentia. In 2013 Italy's highest court, the Court of Cassation , decided to annul Knox's appeal (alongside the co-accused, Italian Raffaele Sollecito), thus overturning their previous acquittals, declaring
2244-478: The acquittal as "full of deficiencies, contradictions and illogical conclusions". As Amanda Knox remained at her home in the United States, her appeal was heard in absentia, in Florence, Italy. On 30 January 2014 her guilty verdict was re-instated for the murder of Kercher and her sentence set at 28 years and six months imprisonment. In the case of Goddi v. Italy , the European Court of Human Rights held that
2312-428: The beginning of trial. This case requires us to decide whether Federal Rule of Criminal Procedure 43 permits the trial in absentia of a defendant who absconds prior to trial and is absent at its beginning. We hold that it does not. ...The Rule declares explicitly: "The defendant shall be present...at every stage of the trial... except as otherwise provided by this rule " (emphasis added). The list of situations in which
2380-707: The caliphate, connecting it with Indian nationalism and the movement for independence from British rule . However, the Khilafat found little support from the Muslims of the Middle East themselves who preferred to be independent nation states rather than being under the Ottoman Turkish rule. In the Indian sub-continent, although Gandhi tried to co-opt the Khilafat as a national movement, it soon degenerated into
2448-486: The case against him through the media. Due to these circumstances, the committee found that a number of the applicant's procedural rights had been violated, especially in consideration of the fact that the Zairean authorities had hardly attempted to contact the applicant despite possible knowledge of the applicant's address. This highly impeded the applicant's capacity to prepare any form of defense. Failed evidence to support
2516-615: The case that a court had tried to inform the accused of proceedings against him/her provides the committee with the opinion that the right to be tried in one's presence was violated. Under Article 8(2) of the Charter of Fundamental Rights and Basic Freedoms of the Czech Republic , which has the same legal standing as the Czech Constitution , no one may be prosecuted or deprived of their liberty except on grounds and in
2584-513: The decision of the shura members. He is the champion of the notion of al-Shura, and this was illustrated in one of the many historical events, such as in the Battle of Khandaq ( Battle of the Trench ), where Muhammad was faced with two decisions, i.e. to fight the invading non-Muslim Arab armies outside of Medina or wait until they enter the city. After consultation with the sahabah (companions), it
2652-493: The democratic principles of electoral politics with the socialist principles of concern for the poor. Today, many Muslim countries have incorporated Islamic law in part into their legal systems. Certain Muslim states have declared Islam to be their state religion in their constitutions, but do not apply Islamic law in their courts. Islamic states which are not Islamic monarchies are usually referred to as Islamic republics, such as
2720-476: The establishment of probable cause . In Gallina v Fraser , the appellant Vincenzo Gallina was convicted in absentia according to established Italian procedure for two robberies. The verdict in Gallina has been since interpreted to suggest that the presence of legal counsel alone is, in certain cases, insufficient to give an in absentia conviction that establishes probable cause. For more than 100 years, courts in
2788-425: The failure of Italy's judiciary to inform the officially appointed lawyer of the applicant in regards to the correct date of the trial hearing deprived the applicant of an effective defence, and therefore Article 6 (3) (c) had been violated. Certain case law supports the notion that in some circumstances representation by counsel at the trial will not be enough to make an in absentia conviction conclusive enough for
Moroccan Islamic Combatant Group - Misplaced Pages Continue
2856-728: The group has joined Al-Qaeda in the Islamic Maghreb (AQIM). A cell with 27 members in Tétouan arrested in January 2007 had logistical and financial links to GICM and AQIM. Mohamed Moumou (aka Abu Qaswarah), second-in-command of Al-Qaida in Iraq was originally a key member of the GICM. Karim el-Mejjati , another founding leader of the group, was killed in 2005 after having become a leader of al-Qaeda in Saudi Arabia . The group
2924-702: The group was responsible for killing two Spanish tourists at the Atlas Asni Hotel in Marrakesh in August 1994. The ideological leader of the group was Ahmed Rafiki ( a.k.a. Abou Hodeifa), who was responsible for organizing Moroccan fighters in Afghanistan. Along with other Al-Qaeda affiliates, GICM was banned worldwide by the UN 1267 Committee in the aftermath of the September 11 attacks in 2001. The group
2992-637: The group's suspected military committee chief (arrested in 2007) was sentenced to 15 years. A year after the Casablanca bombings, the GICM became the principal suspect after the 2004 Madrid train bombings that killed 191 people and wounded over 2,000. A cell linked to the attacks was affiliated with the GICM through Youssef Belhadj and Hassan el-Haski, who were based in Belgium . A main perpetrator, Jamal Zougam had met GICM leaders including Mohammed al-Guerbouzi [ fr ] (a.k.a. Abou Issa) in
3060-414: The hearings. This entitlement is based on the right to a fair trial and the right to a defence, both of which are required by the convention (articles 6(1) and 6(3)). Furthermore, the court stressed that a person convicted in absentia shall be entitled to a fresh trial once he becomes aware of the proceedings: When domestic law permits a trial to be held notwithstanding the absence of a person "charged with
3128-594: The islamic republics of Iran, Pakistan and Mauritania . Pakistan adopted the title under the constitution of 1956 ; Mauritania adopted it on 28 November 1958; and Iran adopted it after the 1979 Revolution that overthrew the Pahlavi dynasty . In Iran, the form of government is known as the Guardianship of the Islamic Jurists . Afghanistan was run as an Islamic state ( Islamic State of Afghanistan ) in
3196-637: The majority opinion (by the sahabah ) is better than a decision made by one individual. The Ottoman Sultan , Selim I (1512–1520) reclaimed the title of caliph which had been in dispute and asserted by a diversity of rulers and shadow caliphs in the centuries of the Abbasid- Mamluk Caliphate since the Mongols' sacking of Baghdad and the killing of the last Abbasid Caliph in Baghdad, Iraq 1258. The Ottoman Caliphate as an office of
3264-475: The modern theories also make use of notions that did not exist before the modern era. Today, many Muslim countries have incorporated Islamic law , wholly or in part, into their legal systems . Certain Muslim states have declared Islam to be their state religion in their constitutions , but do not apply Islamic law in their courts. Islamic states that are not Islamic monarchies are mostly Islamic republics . Majid Khadduri gives six stages of history for
3332-517: The objective of forming a militant organization. GICM and its associated members have been linked to the 2003 Casablanca bombings and the 2004 Madrid train bombings . A major crackdown against the organization's numerous cells in Europe is thought to have since significantly damaged the GICM's capabilities. By 2013, the group had become defunct, with the United States no longer considering it
3400-819: The official religion of Libya. Brunei is an absolute Islamic monarchy . With the constitution in 1959, Islam became the official religion of the country. Leading up to the Iranian Revolution of 1979 , many of the highest-ranking clergy in Shia Islam held to the standard doctrine of the Imamate , which allows political rule only by Muhammad or one of his true successors. They were opposed to creating an Islamic state (see Ayatollah Ha'eri Yazdi (Khomeini's own teacher), Ayatollah Borujerdi , Grand Ayatollah Shariatmadari , and Grand Ayatollah Abu al-Qasim al-Khoei ). Contemporary theologians who were once part of
3468-485: The overthrow of the Umayyads of Damascus by the Abbasids . The first Abbasid caliphs themselves spoke of "our dawla " in the sense of "our turn/time of success". As Abbasids maintained their power, the dynastic sense of dawla became conflated with their dynastic rule, and in later times al-Dawla was used across the Islamic world as a honorific title for rulers and high officials. Like their Christian contemporaries, pre-modern Muslims did not generally conceive of
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#17327806131503536-454: The pending case before proceeding to hold the trial in absentia. Failing evidence that the court did so, the [HRC] is of the opinion that [Maleki's] right to be tried in his presence was violated. In 2009, a former CIA station chief and two other Americans were tried and convicted in absentia by a Milan appeals court for the abduction of Egyptian terror suspect Osama Hassan Mustafa Nasr. The decision meant that 26 Americans tried in absentia for
3604-430: The post-communist era since 1992, but then de facto by the Taliban ( Islamic Emirate of Afghanistan ) in areas controlled by them since 1996 and after the 2001 overthrow of the Taliban the country was still known as the Islamic Republic of Afghanistan until 15 August 2021, when the Taliban captured the country . Pan-Islamism is a form of Internationalism and anti-nationalism within political Islam which advocates
3672-517: The presence of the defendant's lawyer, depending on the country. Member states of the Council of Europe that are party to the European Convention on Human Rights are bound to adhere to Article 6 of the convention, which protects the right to a fair trial. Trials in absentia are banned in some member states of the EU and permitted in others, posing significant problems for the fluidity of mutual recognition of these judicial judgments. The executing member state possesses some degree of discretion, and
3740-413: The right to be present requires true freedom of choice. A trial court may infer that a defendant's absence from trial is voluntary and constitutes a waiver if a defendant had personal knowledge of the time of the proceeding, the right to be present, and had received a warning that the proceeding would take place in their absence if they failed to appear. The courts indulge every reasonable presumption against
3808-403: The rights of the defense are not being violated, while still making sure that justice is being done. In absentia judgments are common ... you can criticize that, but it's quite common. The Council of Europe has made commentary on judgments that are made in absentia. The Committee of Ministers , in Resolution (75) 11, of 21 May 1975, stated that an individual must first be effectively served with
3876-425: The state as an abstract entity distinct from the individual or group who held political power. The word dawla and its derivatives began to acquire modern connotations in the Ottoman Empire and Iran in the 16th and 17th centuries in the course of diplomatic and commercial exchanges with Europe. During the 19th century, the Arabic dawla and Turkish devlet took on all the aspects of the modern notion of state while
3944-583: The state religion to make sure any future law should not violate its basic teachings. On the whole, the state retained most of the laws that were inherited from the British legal code that had been enforced by the British Raj since the 19th century. In 1956, the elected parliament formally adopted the name Islamic Republic of Pakistan, declaring Islam as the official religion. After the fall of Democratic Republic of Afghanistan (Soviet occupation), Afghanistan has gone through several attempts to set up an Islamic state: Trial in absentia Trial in absentia
4012-412: The trial may proceed without the defendant is marked as exclusive not by the "expression of one" circumstance, but rather by the express use of a limiting phrase. In that respect the language and structure of the Rule could not be more clear. However, in Crosby , the Rehnquist Court reiterated an 80-year-old precedent that Where the offense is not capital and the accused is not in custody, ...if, after
4080-425: The trial under following circumstances: Italy is one of several countries in Europe that allow trials in absentia, and they are a regular occurrence. In Maleki v Italy (1997), the United Nations Human Rights Committee held that the Italian policy on trials in absentia was a breach of the right to fair trial under Article 14 of the International Covenant on Civil and Political Rights . Italy argued that where
4148-425: The trial, that is, at every stage of the trial when his substantial rights may be affected by the proceedings against him. If he be deprived of his life or liberty without being so present, such deprivation would be without that due process of law required by the Constitution. A similar holding was announced by the Arizona Court of Appeals in 2004 (based on Arizona Rules of Criminal Procedure): A voluntary waiver of
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#17327806131504216-438: The unification of the Muslim world under a single Islamic state, often described as a caliphate or ummah. The most famous, powerful and aggressive modern pan-Islamic group that pursues the objective of unifying the Muslim world and establishing a worldwide caliphate is the Wahhabi/Salafi jihadist movement Islamic State of Iraq and the Levant . The Libyan interim Constitutional Declaration as of 3 August 2011 declared Islam to be
4284-417: The waiver of fundamental constitutional rights. Although United States Congress codified this right by approving Rule 43 of the Federal Rules of Criminal Procedure in 1946 and amended the Rule in 1973, the right is not absolute. Rule 43 provides that a defendant shall be present However, the following exceptions are included in the Rule: Indeed, several U.S. Supreme Court decisions have recognized that
4352-414: Was involved in a number of terrorist plots. The organization in Europe is based in the United Kingdom, but has had numerous cells, including sleeper cells in Spain, Belgium, Italy , France , Denmark , Turkey , Egypt and the Netherlands . The European organization is thought to have been led by British national Mohammed al-Guerbouzi , who in 2001 was arrested by Iranian authorities and extradited to
4420-425: Was later linked to several terrorist attacks. In 2003 twelve suicide bombers from the associated group Salafia Jihadia were responsible for coordinated suicide bombings in Casablanca that killed 33 people. At least eight of the people convicted after the bombings were accused of being members of the GICM. Noureddine Nafia, an important early leader of the group was sentenced to 20 years in prison, and Saad Houssaini,
4488-407: Was perceived as a third way between the rival political systems of democracy and socialism (see also Islamic modernism ). Maududi's seminal writings on Islamic economics argued as early as 1941 against free-market capitalism and state intervention in the economy, similar to Mohammad Baqir al-Sadr 's later Our Economics written in 1961. Maududi envisioned the ideal Islamic state as combining
4556-431: Was removed from the United States' list of Foreign Terrorist Organizations in 2013, seemingly confirming its complete dissolution as an entity by that point. Countries and organizations below have officially listed the Moroccan Islamic Combatant Group as a terrorist organization. Islamic state Militant [REDACTED] Islam portal An Islamic state has a form of government based on sharia . As
4624-410: Was suggested by Salman al-Farsi that it would be better if the Muslims fought the non-Muslim Arabs within Medina by building a big ditch on the northern periphery of Medina to prevent the enemies from entering Medina. This idea was later supported by the majority of the sahabah, and thereafter Muhammad also approved it. Muhammad placed great emphasis on agreement about the decision of the shura because
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