The judge of the National Court Santiago Pedraz has ordered the conclusion of the summary without prosecution in the case opened by the complaint presented by the activist of Saharawi origin Fadel Breica against the leader of the Polisario Front Brahim Ghali and others for the crime of torture.
This complaint was reopened after learning that Ghali was hospitalized in Spain to be treated for covid. His arrival from Algeria led to a diplomatic conflict with Morocco and a judge even opened an investigation to find out how he could enter Spain without the relevant permits. There was also another lawsuit against Ghali for genocide, which was also filed.
In an order, the magistrate, who makes this decision in line with those requested by the Prosecutor's Office, explains that "from the procedures carried out, rational indications of criminality cannot be followed in relation to the facts investigated regarding the commission of the crimes charged."
It adds that the testimonials carried out are based on mere unverified references, materializing in subjective assessments and in cases that do not coincide with the dates and times indicated in the facts.
It is not verified, points out the instructor, that Ghali "ordered or participated in order to undermine the integrity of the complainant (torture) in the absence of direct testimony or other procedure to confirm it."
"With this, after carrying out all the procedures that have been able to be carried out to verify the crime, participation that the investigated parties have had and the circumstances that have occurred in their commission and not finding any other indicated, it is appropriate to conclude as determined by articles 622 and 623 of the Criminal Procedure Law”, concludes the judge.
The summary is now raised without prosecution to the Criminal Chamber of the National Court, which must decide on the dismissal or continuation of the case.
