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Hofstad Network

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The Hofstad Network (Dutch: Hofstadnetwerk or Hofstadgroep) was an Islamic terror group composed mostly of Dutch citizens,[1] and mainly young men between the ages of 18 and 32. The name "Hofstad" was originally the codename the Dutch secret service AIVD used for the network and leaked to the media. The name likely refers to the nickname of the city of The Hague, where some of the suspected terrorists lived. The network was active throughout the 2000s.

The group was made up of Muslim immigrants living in the Netherlands, second and third generation immigrants to the Netherlands, and Dutch converts.[2] The majority of these immigrants came from Morocco.

The network was said[by whom?] to have links to networks in Spain and Belgium. Among their contacts was Abdeladim Akoudad, also known as Naoufel, one of the suspects of the 2003 Casablanca bombings. The group was influenced by the ideology of Takfir wal-Hijra, a militant offshoot of the Egyptian Muslim Brotherhood. Redouan al-Issar, also known as "The Syrian", was the suspected spiritual leader of the group. Most media attention was attracted by Mohammed Bouyeri, sentenced to life imprisonment for murdering film director Theo van Gogh in 2004 and by Samir Azzouz, suspected of planning terrorist attacks on the Dutch parliament and several strategic targets such as the national airport and a nuclear reactor. The group was also suspected of planning to kill several members of government and parliament.

History

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In 2002, the Hofstad group was discovered by the Dutch General Intelligence and Security Service (AIVD). The intelligence gathered in the first years after the group was discovered was limited, revealing that the group had only been meeting together. These were informal living-room meetings held by a Syrian asylum-seeker. By the end of 2002, the AIVD began to suspect that the organization was developing extremist views and discussing mass casualty events.[citation needed]

On 14 October 2003, Samir Azzouz, Ismail Akhnikh, Jason Walters and Redouan al-Issar were put under arrest for planning a (according to the AIVD) "terrorist attack in the Netherlands", but were released soon after. Azzouz was eventually tried in this case, but acquitted for lack of evidence in 2005: he did possess what he thought to be a home-made bomb, but having used the wrong type of fertilizer, the device would never have exploded.[citation needed]

At the beginning of 2003, a Hofstad member and his friend tried to join an Islamic rebel group in Chechnya, but were discovered by authorities and arrested. During the summer, two Hofstad group members traveled to Pakistan where they received paramilitary training. In September, the two men returned and it was discovered by authorities[which?] that these same men could be traced to having talked to a man having ties to the Casablanca bombings earlier that year.[citation needed] On 14 October of that year, the Spanish authorities arrested a Moroccan man who was suspected to be involved in suspicious activity. Police in the Netherlands arrested five Hofstad associates, including three who had traveled abroad and were in contact with extremists in Morocco and Syria.[citation needed]

In 2003, Mohammed Bouyeri, the man who murdered Dutch filmmaker Theo van Gogh, was radicalized. He withdrew from mainstream Dutch society by quitting his job and distancing himself from all friends and family who were non-religious.[1] During this time, he became known as the "Taliban" by many in his neighborhood.[1]

In 2004, the group was under heavy surveillance by the AIVD, which dampened the group's activities.[1]

On 18 May 2004, authorities received a tip that a grocery store worker had been involved in preparing for a terror attack. A couple weeks later, the Dutch secret service had arrested this man after capturing him on security cameras taking measurements of the Dutch secret service headquarters. Upon his arrest, police found maps as well as weapons that could be used to carry out the terror attacks.[citation needed]

On 29 August 2004, Van Gogh and Ayaan Hirsi Ali created a short film, Submission, that contained scenes of Quranic verses being painted onto semi-naked women.[3] This was the catalyst for the group's radicalization and Bouyeri's justification to kill Van Gogh for the blasphemy of Islam.[citation needed]

Claimed attacks

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Theo van Gogh's murder was the first terrorist attack claimed by the Hofstad group.[4]

In September 2004, authorities[which?] received a tip from an email that warned of two Hofstad group members preparing a terror attack. The anonymous source also admitted to being recruited by these men to carry out the planned terrorist attacks with particular targets.[citation needed]

On 2 November of that year, Mohammed Bouyeri killed Van Gogh when he was on his way to work in Amsterdam. The killer cycled alongside the filmmaker before shooting him several times and attempting to decapitate him.[3] Before fleeing the scene, he left a note pinned to Van Gogh's chest that had a death threat for Hirsi Ali.[5]

After the attack, Bouyeri went to a park nearby, where he had a shootout with police before being taken into custody.[citation needed]

Witnesses said that Bouyeri had been stalking his route for some time before the attack had happened.[citation needed]

After the attack, the police spent the following 10 days arresting the group members. One group member who acted as the religious teacher for the group fled the country the day of Van Gogh's murder and entered Syria illegally.[1]

Shortly after the murder of Van Gogh, the organization gained the attention of national media when an attempt to arrest suspected members Jason Walters and Ismail Akhnikh led to a 14-hour siege at a house in The Hague. During these events, the name Hofstad Network became public and the media has continued to use this moniker when referring to the organization. In the months after the siege, a number of other suspected members of the organization were arrested. On 5 December 2005, the Hofstad court case against 14 suspected members began.[6]

Samir Azzouz, Jermaine Walters —suspected but not incarcerated— and another five members were arrested[when?] on suspicion of preparing an attack against (yet unnamed) national politicians and the building of the General Intelligence and Security Agency AIVD on 14 October 2005.

In a case known as Piranha case, six individuals were brought to court, one of them was Noureddine El Fahtni. On 1 December 2006, the District Court of Rotterdam sentenced Azzouz to 8 years in prison for preparing a terrorist attack. Noureddine El Fahtni and Mohammed Chentouf to 4 years each, Soumaya Sahla to 3 years and Brahim Harhour to 3 months. One suspect was acquitted. The Court ruled that the six individuals had not formed a terrorist organization.[7]

In appeal, the Court in The Hague convicted all defendants to more severe sentences. On 2 October 2008, Samir Azzouz was sentenced to 9 years in prison,[citation needed] Nouriddin El Fahtni was sentenced to 8 years,[8] Mohammed Chentouf was sentenced to 6;6 years in prison,[9] Soumaya Sahla was sentenced to 4 years in prison.[10]

Trial (Hofstad group)

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District Court + appeal

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In 2005, fourteen alleged members of the Hofstad Network were brought to trial before the District Court in Rotterdam. During the trial, the presiding judge admitted that he felt as if it was obvious that arrest leading to the hearing had created a spectacle and that the group members ideologies were being greatly scrutinized.[11] The lawyers who defended that group labeled the trial as a "witch trial". It was clear that the ideological threat the Hofstad group had posed stirred the emotions of the public. The Court ruled that in the case of the Hofstad group there was a clear distinction between peaceful and harmful extremism. The Court acquitted four of the defendants because they showed no attempt for violence but only held extremist ideas. The Court also ruled that the group was not a terror organization.[12]

      1. Nadir Adarraf – acquitted
2. Rachid Belkacem – acquitted
3. Mohamed El Bousklaoui – acquitted
4. Zakaria Taybi – acquitted
5. Yousef Ettoumi – 1 year
6. Zine Labidine Aourghe – 18 months
7. Mohammed Fahmi Boughabe – 18 months
8. Mohamed el Morabit – 2 years
9. Ahmed Hamdi – 2 years
10. Mohammed Bouyeri – (none)[13]
11. Nouredine el Fahtni – 5 years
12. Ismail Akhnikh – 13 years
13. Jason Walters – 15 years[14]
14. Jermaine Walters – acquitted[15]

Nadir Adarraf, Rachid Belkacem, Mohamed El Bousklaoui, Zakaria Taybi and Jermaine Walters were acquitted and set free. On 7 November 2006 the District Court in Rotterdam awarded them compensation (in total € 300.182,04).[16]

Seven cases have been appealed to the Court of Appeal in The Hague. On 23 January 2008, the Court of Appeal acquitted those convicted in the first instance of participation in a criminal organization. According to the Court of Appeal, the Hofstad Group had insufficient organizational substance to conclude that there was an organization as referred to in Articles 140 and 140a of the Criminal Code.[17] The court ruled that the cooperation of the suspects was not sufficiently structured to justify their conviction. In the opinion of the court, there was also no question of incitement to hatred. The Court ruled that the legislator only intended to criminalize incitement to hatred against vulnerable minority groups.

The Court has sentenced one of the defendants, Jason Walters, to a prison term of 15 years for the attempted murder of members of an arrest team of the police in The Hague and possession of hand grenades.[16] A second suspect, Ismail Akhnikh, was sentenced to 15 months in prison for complicity in possession of hand grenades.[16]

Supreme Court + back

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The Public Prosecution Service lodged an appeal in cassation against the judgments of the Court. Jason Walters also lodged an appeal in cassation against his conviction (08/00695).

On 2 February 2010, the Supreme Court quashed the contested judgments and referred the cases to the Amsterdam Court of Appeal.[16]

On 17 December 2010, the Amsterdam Court of Appeal sentenced Mohamed El Morabit, Yousef Ettoumi, Ahmed Hamdi, Mohamed Fahmi Boughabe and Nouredine el Fahtni to prison terms of 15 months, for participating in a terrorist criminal organization.

Ismail Akhnikh and Jason Walters were guilty also of possessing four hand grenades. Ismail Akhnikh was sentenced to 38 months. Jason Walters, who had thrown a shrapnel grenade in the direction of the arrest team in accordance with a predetermined plan, was sentenced to 13 years in prison on five counts of attempted murder. Upon the ruling, the court determined that the Hofstad group was a terror criminal organization who had the intent of committing crimes out of violence and hatred.[16]

Court rulings

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Suspect Parketnr. RBROT
10-03-2006 		GHSGR
23-01-2008 		HR
02-02-2010 		GHAMS
17-12-2010 		HR
03-07-2012
Nadir Adarraf 10/000328-04 AV5108[18]
Rachid Belkacem 10/000396-04 AV5108[18]
Mohamed El Bousklaoui 10/000393-04 AV5108[18]
Zakaria Taybi 10/000325-04 AV5108[18]
Yousef Ettoumi 10/000323-04 AV5108[19] BC4182 BK5175 BO9017 BW5161
Zine Labidine Aourghe 10/000395-04 AV5108[19]
Mohammed Fahmi Boughabe 10/000365-04 AV5108[19] BC4178 BK5172 BO9014 BW5132
Mohamed El Morabit 10/000397-04 AV5108[19] BC4177 BK5182 BO9016 BW5121
Ahmed Hamdi 10/000394-04 AV5108[19] BC4183 BK5174 BO9018
Mohammed Bouyeri 10/600069-05 AV5108[19][20]
Nouriddin El Fahtni 10/000354-04 AV5108[19][21] BC4171[22] BK5196 BO9015 BW5185
Ismail Akhnikh 10/000324-04 AV5108[19][21][23] BC4129 BK5189 BO8032 BW5178
Jason Walters 10/000174-04 AV5108[19][21][23] BC2576 BK5193 BO7690 BW5136
Jermaine W. 10/000322-04 AV5108[18]

After their acquittal on 10 March 2006, the five former suspects requested compensation as referred to in Article 89 of the Code of Criminal Procedure. On 7 November 2006, the District Court of Rotterdam (Raadkamer) decided on their requests.

Applicant Parketnr. Decision art. 89 Sv Decision art. 591a Sv
Nadir Adarraf 10/000328-04 ECLI:NL:RBROT:2006:AZ4924 € 72.148,74 ECLI:NL:RBROT:2006:AZ4911 € 540,00
Rachid Belkacem 10/000396-04 ECLI:NL:RBROT:2006:AZ4952 € 74.368,00 ECLI:NL:RBROT:2006:AZ4950 € 540,00
Mohamed El Bousklaoui 10/000393-04 ECLI:NL:RBROT:2006:AZ4908 € 88.550,00 ECLI:NL:RBROT:2006:AZ4904 € 540,00
Zakaria Taybi 10/000325-04 ECLI:NL:RBROT:2006:AZ4955 € 24.137,50 ECLI:NL:RBROT:2006:AZ4954 € 540,00
Jermaine Walters 10/000322-04 ECLI:NL:RBROT:2006:AZ4896 € 40.977,80 ECLI:NL:RBROT:2006:AZ4892 € 540,00
€ 300.182,04 € 2.700,00

VARA

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On 18 May 2006, a group of four young men delivered flowers to the Dutch public broadcaster VARA.[24] The flowers included a note, "greetings, the Hofstadgroup," which was a 'thank you' for the VARA Zembla documentary broadcast the week prior, on the topic of Ayaan Hirsi Ali's asylum background. Jermaine Walters was said to be one of the men.[citation needed]

See also

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References

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  1. ^ a b c d e Schuurman, Bart; Eijkman, Quirine; Bakker, Edwin (8 June 2014). "A History of the Hofstadgroup". Perspectives on Terrorism. 8 (4): 65–81. ISSN 2334-3745. JSTOR 26297197.
  2. ^ Vidino, Lorenzo (4 June 2007). "The Hofstad Group: The New Face of Terrorist Networks in Europe". Studies in Conflict & Terrorism. 30 (7): 579–592. doi:10.1080/10576100701385933. ISSN 1057-610X. S2CID 144617637.
  3. ^ a b Conquest, Robert (1985), "January 1938–August 1938: Terror Renewed", Inside Stalin's Secret Police, Palgrave Macmillan UK, pp. 56–75, doi:10.1007/978-1-349-07986-5_5 (inactive 1 November 2024), ISBN 9781349079889{{citation}}: CS1 maint: DOI inactive as of November 2024 (link)
  4. ^ "12 terror suspects go on trial in Netherlands". NBC News. 7 February 2005. Retrieved 5 July 2022.
  5. ^ "Ayaan Hirsi Ali: 'Why are Muslims so hypersensitive?'". TheGuardian.com. 7 May 2010.
  6. ^ "The 'Hofstad' trial - the perils of punishing terrorist thoughts - Radio Netherlands Worldwide - English". Archived from the original on 15 January 2010. Retrieved 6 February 2010.
  7. ^ ECLI:NL:RBROT:2006:AZ3589
  8. ^ ECLI:NL:GHSGR:2008:BF3987
  9. ^ ECLI:NL:GHSGR:2008:BF5180
  10. ^ ECLI:NL:GHSGR:2008:BF4814
  11. ^ "Terrorism Trials as Theatre | ICCT". icct.nl. Retrieved 2 May 2019.
  12. ^ ECLI:NL:RBROT:2006:AV5108
  13. ^ Bouyeri was already serving a life sentence at the time and could not further be punished.ECLI:NL:RBAMS:2005:AU0025
  14. ^ Released May 2013
  15. ^ Jermaine Walters was exonerated from making a threat against Hirsi Ali, then a Dutch Member of Parliament.[citation needed]
  16. ^ a b c d e See sub Court rulings (below)
  17. ^ Criminal Code = Wetboek van Strafrecht
  18. ^ a b c d e acquitted of all charges against him
  19. ^ a b c d e f g h i guilty of participation in a criminal organization, and of participation in a terrorist organization
  20. ^ See also ECLI:NL:RBSGR:2005:AU4399.
  21. ^ a b c guilty of complicity in violation of the Weapons and Ammunition Act (= Wet wapens en munitie)
  22. ^ The case has been split, see also ECLI:NL:GHSGR:2008:BF3987, followed by ECLI:NL:HR:2011:BP7585 (Piranha)
  23. ^ a b guilty of complicity in attempted murder, committed several times
  24. ^ "'Hofstadgroep' brengt bloemen bij Vara". Algemeen Dagblad (in Dutch). 19 June 2006. Archived from the original on 24 August 2007.
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