The Audiencia Nacional determined that the deportation of Mohamed Benhalima to Algeria in March 2022 was legal. Benhalima, a former military officer who was in Spain illegally and had his asylum request denied by the Ministry of Interior, claimed he was at risk of torture due to his anti-corruption stance in his home country. Despite his lawyers arguing that the deportation process violated the European Convention on Human Rights, the court rejected their claims. The judges based their decision on a report from the National Police, which stated that Benhalima posed a security risk to Spain due to his alleged involvement in radical Islamism.
Benhalima’s case gained media attention in 2022 after Amnesty International and the Spanish Commission for Refugee Aid got involved to prevent his deportation. Benhalima fled Algeria after participating in peaceful protests against the government in 2019, and arrived in Spain seeking asylum. The Ministry of Interior deemed his presence a security threat, leading to his deportation. The court revealed that Benhalima’s connection to an ex-Algerian gendarme who was deported for his ties to an Islamist movement played a role in the expulsion decision. Benhalima attempted to seek asylum in France after being returned to Spain but was intercepted before his deportation.
While detained in Spain, Benhalima requested asylum again, but his application was not considered, despite UN Refugee Agency’s recommendation. He was eventually deported to Algeria, where he claimed to have been sexually assaulted and tortured. Benhalima was sentenced to 12 years in prison by an Algerian court for various charges related to state security and defamation. Spain faced accusations of human rights violations in this case, with Benhalima’s lawyers lodging a complaint with the UN Committee against Torture.
The Audiencia Nacional’s ruling justified Benhalima’s expulsion by stating that his activities posed a threat to national security and could harm diplomatic relations. The court referenced the National Police report, which suggested that Benhalima, as a former Algerian soldier, had military training and skills that could be used for violent actions. The report also mentioned the presence of former deserters from the Algerian military in Europe, spreading radical Islamism through social media. Benhalima’s YouTube channel, with over 155,000 followers, was cited as a platform for promoting extremist ideologies.
Overall, the court upheld the legality of Benhalima’s deportation, emphasizing the national security risks associated with his alleged activities and connections. Despite his claims of persecution and torture in Algeria, the judicial decision supported the expulsion based on the information provided by the National Police. The case highlights the complex legal and humanitarian issues surrounding asylum applications, deportations, and the balance between security concerns and individual rights in cases involving potential threats to national security.
