Sentenced to death in February 2024 by a military court in Puntland, Somalia, six Moroccan detainees were acquitted on appeal. Since May of last year, the court has ordered their release and transfer to the Ministry of Justice to facilitate their repatriation, yet they remain in detention, with no resolution in sight. Ahmed N. lives in Spain with his entire Moroccan family, his father, brothers, and sisters. But everything changed when he embarked on a trip to Turkey and ended up following a group of individuals who promised him a well-paying job. As the journey progressed, he realized he was getting pulled into something much harder to escape. Eventually, he found himself in Somalia, in the hands of ISIS. «We had all built our lives in Spain», his sister Najat told Yabiladi. «At one point, he wanted to return to Morocco to invest, but the challenges he faced pushed him to come back here. Then he went to Turkey, met people who promised to help him. He had no idea he'd end up in an area controlled by terrorist groups in Somalia». Since last year, Najat has been fighting to get her brother out of prison. Initially, the military court in Puntland sentenced him and five other Moroccan nationals to death for allegedly joining ISIS in Somalia. According to the initial judgment, the six had joined a base in the Cal-Miskaat Mountains in northeastern Somalia. Acquittal on Appeal Documents presented in court and reviewed by Yabiladi show that some of the Moroccan nationals arrived in Somalia after passing through Turkey and Ethiopia. At Cal Miskaat, they were said to have received training in ISIS camps, learning to handle light weapons like the AK-47. However, they eventually tried to abandon the process and escape from the group. Ahmed, who traveled from Spain via Turkey, was reportedly not involved in any military training, according to his family. His relatives and the court maintain that he was «misled into believing he could invest in agriculture» in Somalia. Once he realized he was in an ISIS-controlled zone, he found himself unable to turn back. «He reached out to the Red Crescent and local authorities on his own, and was handed over to the army. He wasn't captured during a confrontation, he surrendered voluntarily. He never considered himself part of ISIS; in fact, he saw himself as a deserter once he understood the terrorist nature of the project», Najat told us. In March 2024, several Moroccan NGOs denounced the initial verdict. Among them were the Moroccan Coalition Against the Death Penalty (CMCPM), the Association for a Fair Trial, and the Network of Lawyers Against the Death Penalty. They called on Moroccan authorities to intervene and ensure the repatriation of the six nationals. On appeal, the defense presented evidence supporting their claims, including the absence of confessions and the fact that they had tried to flee ISIS. The court took these elements into account under the provisions of the Somali Penal Code. To Ahmed's supporters, «the evidence showed that these men were victims of human trafficking». «They were lured to Somalia with promises of good jobs. Once they realized ISIS wanted to recruit them, they ran and voluntarily turned themselves in to the Puntland State police, a clear sign they rejected the group», sources close to the case told Yabiladi. In May, the Puntland military appeals court overturned the death sentences and declared all six men not guilty. The court also acknowledged that «these individuals were misled and trafficked» and, more importantly, that «they surrendered voluntarily to authorities». When they turned themselves in, they were «unarmed and there was no indication they had ever taken part in any terrorist activity… rather, they sought protection», the same sources added. The court ordered their release and initiated procedures for their return home. They were handed over to the Constitutional Affairs Administration under Somalia's Ministry of Justice to facilitate their repatriation to Morocco. «Ahmed even told us that they were in the process of being repatriated, but apparently things got held up because of inaccurate information about one of the five other Moroccans», Najat said. A Complicated Repatriation While in detention, the six men were visited by a delegation from the Puntland Parliament. During a meeting at the Garoowe prison, lawmakers were briefed on the status of detainees charged with serious crimes. Despite being cleared by the appeals court, the six men remain in «administrative detention for security reasons». According to Yabiladi's sources, «their situation is still unresolved due to a lack of diplomatic or humanitarian coordination». «Even with the court's decision, repatriation remains stalled because of logistical and political challenges. All six had their passports and ID documents confiscated by ISIS, leaving them without any valid paperwork for travel», the sources said. The political landscape in Somalia further complicates matters. The case falls under the jurisdiction of Puntland, a semi-autonomous region with its own legal and security systems, operating independently since 1998. Tensions between Puntland and the federal government in Mogadishu have made coordination with foreign embassies difficult. Moreover, «Morocco does not have a diplomatic presence in Puntland», which adds another layer of complexity, the same sources said. Back in Morocco, the families of the other detainees have reached out to various authorities, including the Ministry of Foreign Affairs, African Cooperation and Moroccans Residing Abroad, the Ministry of Justice, the Public Prosecutor's Office, and the National Human Rights Council (CNDH). In Spain, Ahmed's family is represented by Guillermo Santana, a lawyer with the Seville Bar Association, who is also advocating on the case. Speaking to Yabiladi, Santana explained that «numerous letters have been exchanged with Moroccan authorities, including consular services in the Spanish region, in an effort to secure repatriation». «We've received a positive response from the Moroccan side, which forwarded our requests to Rabat. We're hopeful that they will follow through», he said. However, repatriation may not mean full exoneration. Once back in Morocco, the six nationals could face investigations due to their presence in a conflict zone controlled by a terrorist group. In the meantime, their families continue to worry about the poor detention conditions, «scarce food and constant psychological pressure», and are hoping above all for the safe return of their loved ones.
