GHOUMID AND OTHERS v. FRANCE JUDGMENT
THE FACTS
2. The first, second and third applicants live in Mantes-la-Jolie. The
fourth and fifth applicants live in Les Mureaux. They were represented by
Mr W. Bourdon, lawyer.
3. The French Government were represented by their Agent, Mr F.
Alabrune, Director of Legal Affairs at the Ministry for Europe and Foreign
Affairs.
4. Born in France in 1974, the first applicant acquired French nationality
by a declaration of nationality registered on 26 May 1992.
5. Born in Morocco in 1975, the second applicant acquired French
nationality on 22 August 1991 through the collective effect of his father’s
naturalisation (Article 84 of the French Nationality Code).
6. Born in France in 1976, the third applicant acquired French
nationality on 16 June 1994 as a result of the registration of his express
voluntary declaration under Article 21-7 of the Civil Code.
7. Born in Morocco in 1977, the fourth applicant acquired French
nationality on 19 February 2001 by a declaration of nationality registered on
30 November 2001.
8. Born in Morocco in 1975, the fifth applicant acquired French
nationality on 14 February 2000 by a declaration of nationality registered on
19 December 2000.
9. In a judgment of 11 July 2007 the Paris Criminal Court convicted the
five applicants (and three other individuals) of participation in a criminal
conspiracy to commit an act of terrorism in the years 1995, 1996, 1997,
1998, 1999, 2000, 2001, 2002, 2003 and 2004. They were found to have
provided financial and logistical support to the “Moroccan Islamist
Combatant Group” (Groupe islamiste combattant marocain – “GICM”),
which was close to the Salafiya Jihadia organisation (to which the
perpetrators of the 16 May 2003 bombings in Casablanca, Morocco, were
linked), on account, inter alia, of working in businesses supporting the
activity of the GICM, harbouring GICM members clandestinely (except in
the fourth applicant’s case) and obtaining passports intended, after
falsification, to facilitate the movement of GICM members. The Criminal
Court handed down the following sentences: to the first applicant, seven
years’ imprisonment with a minimum term of fifty-six months; to the
second applicant, eight years’ imprisonment with a minimum term of sixtyfour months; for the third applicant, six years’ imprisonment with a
minimum term of forty-eight months; for the fourth applicant, six years’
imprisonment with a period of security of forty-eight months; and for the
fifth applicant, eight years’ imprisonment with a minimum term of sixtyfour months.
10. The third and fourth applicants appealed to the Paris Court of
Appeal, which upheld their convictions in a judgment of 1 July 2008.
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