A moment of the operation against the imam, in an image released in 2020 by the Police.
MC had a very active life within the Islamic community of San Sebastián.
He had woven many relationships.
Not only because between 2015 and 2017 he had served as imam of a mosque in the city, but also because he presided over a cultural association.
But it was not his only activity.
For years, this man born in 1976 in Beni Mellal (Morocco) showed a more extremist face on the internet and even maintained contacts with Muslims of "radical tendencies".
This is how the National Court considers it proven;
which, however, has concluded that it cannot convict him of the crimes of indoctrination and financing of terrorist groups, for which the Prosecutor's Office asked him for nine years in prison.
The Police considered that MC was trying to recruit young people for jihad.
On July 14, the Criminal Chamber issued the sentence that acquitted MC and AE —the latter, born in 1993 in Tetouan—.
Both sat on the bench in early May accused of trying to recruit third parties for terrorist activities.
A thesis that, in the opinion of the judges, has not been accredited.
On the table they were not put “beyond mere suspicions”, the court maintains.
The judges also rule out terrorist financing or even that he was immersed in a process of "personal radicalization or true terrorist self-indoctrination" that would lead him to take action.
The magistrates explain that it has only been proven that MC published content on social networks and the internet where he presented Muslims as victims and praised jihadist activity, "with content from Daesh, Al Qaeda, Ezzeldin Al-Qassam Brigades or the Muslim Brotherhood".
But they add that, based on national and European jurisprudence, in order to punish these behaviors, "an incitement, at least indirect, to violence" is required and that a real and specific "risk situation" be generated.
“This was a very long investigation.
But really, from my point of view as a defense, the evidence that was collected could not support such a serious accusation, ”adds his lawyer, Sara Rodríguez Riley.
The National Court does consider it proven that MC served as imam in a mosque in San Sebastián, something that he came to deny in court, where he also rejected that he tried to indoctrinate young people, including his children.
According to the Efe agency, he also assured that he never spread radical publications on his two Facebook profiles, where he had 10,000 friends.
Although, on this point, the court does not agree either.
According to the magistrates, he is the author of numerous messages where he "praises" jihadist activity.
For example, according to the resolution, on April 12, 2016, it released an image of a mujahideen reading the Koran, next to a rifle, accompanied by the following text: "How many 'likes' for this mujahideen reading the Koran?"
Or, on March 31, 2019, he shared a video of armed soldiers and the leader of the Muslim Brotherhood, who is heard saying: “Why did the donations stop, and I don't like to call them donations?
It's jihad with money, why stop jihad with money?
Why was this winning trade stopped?
Believe in God and in his envoy and fight for God with your property and your people!
The court cites a Supreme Court ruling that acquitted another accused of jihadism, appreciating that the messages he sent over time did not expressly call for violent acts or foster "a climate of hatred in which the idea of use violent means to pursue political ends.
The investigators added to the summary several indications that, in their opinion, showed that the former imam raised money for terrorist groups.
MC was the owner of 12 bank accounts in which he moved more than 111,000 euros and, in addition, a receipt book was found that totaled 7,612 euros.
However, although the judges believe it is proven that the accused traveled to France to "get financing", they do not consider it proven that he went to Islamist organizations.
According to what the defendant said in the trial, the proceeds were for the cultural activity of the association that he presided over, where he taught.
"The police, authors of the economic report, recognized in the trial that they do not know the destination of the money handled by this defendant, nor are there significant extractions of money abroad," the court adds.
MC's ex-wife maintained a similar version at the oral hearing: "My ex-husband goes to France to get money for the association, to pay the expenses of the association."