Religious Freedom and Terrorism in Spanish Case Law

Abstract

On March 11, 2004, in Madrid, a series of bombs exploded in four trains located in the stations of Atocha, El Pozo, Santa Eugenia, and Calle de Téllez, resulting in tragic casualties (191 dead and over 2,000 injured). Days later a group of Islamist terrorists committed mass suicide in Leganés, Madrid. The attacks set in motion a judicial process that culminated with sentences issued by Spain's Audiencia Nacional (National Court) and Tribunal Supremo (Supreme Court).1 The National Court, in accordance with Section 23 of the Organic Law on Judicial Power (6/1985 of July 1, 1985) is the Spanish tribunal authorized to investigate and subsequently judge acts of terrorism. Prior to these attacks, Spanish courts had judged other cases directly related to Islamist terrorism, such as the case of the Armed Islamic Group of Algeria. Moreover, subsequent to the attacks of March 11, 2004, other crimes directly related to Islamist terrorism had gone to trial (e.g., the creation of Islamic cells for the preparation of attacks).