"Given the account of the facts, it is possible to consider in an indicative way that the passengers investigated had a clear purpose, breaking the immigration law and entering Spain irregularly." This is the conclusion reached by the judge investigating the forced landing that took place on November 5 at Palma airport due to a presumed medical emergency, during which up to 25 travelers took the opportunity to jump from a plane that covered the Casablanca-Istanbul route and, racing through the tracks, they fled.
Throughout a thirty-page order, to which elDiario.es has had access, the magistrate describes in detail how everything happened and considers it "unthinkable" that the accused "were not aware of the serious consequences that it could have for public order entail their behavior” and that it supposed, he asserts, “an infraction of laws that seek to protect the interest of the State in the control of migratory flows, which is still a collective interest of the State.”
The judge has thus decreed the prosecution of 23 of the escaped passengers, 21 for alleged crimes of sedition –and for coercion in the case of two of them– and another two for favoring illegal immigration. In addition, he summons them to appear on May 2 to question them about the facts attributed to them in what, within what is known as the ordinary summary, is called an investigative statement. Subsequently, the accusations and the defense will be notified so that they may request the opening of the oral trial or, on the contrary, the dismissal of the investigations.
Until now, those under investigation have protected their actions in the putative state of necessity, a legal figure that exempts infrequent in Spanish courts that lies in recognizing that the conduct of those under investigation would be justified if it was carried out to avoid a worse situation. –in this case, the terrible circumstances in which they would find themselves in Morocco–, provided that it is shown that their need is real and objective and that, before committing the crime, they tried to act by lawful means to put an end to their situation.
In her resolution, the head of the Investigating Court number 6 of Palma bases the accusation of sedition on various circumstances, such as the fact that "there is a whole series of indications that allow us to consider that we are facing a preconceived plan." Such a concert, she points out, consisted of simulating or causing an alleged serious illness of a passenger, taking advantage of this fact the rest of the people who participated to flee and break the Spanish regulations on the entry of people into Spain.
"It was a moderately organized group, even without previously knowing each other personally," continues the car. The investigations indicate, in fact, that all of them were organized through a Facebook group called Brooklyn, against which the defendants' defenses rule out that the profiles they publish on this page correspond to any of the escaped passengers.
Apart from the presumed prior agreement, the resolution indicates that the flight along the runways affected the safety of the air traffic of the flights that were in the process of taking off and landing due to the presence "of the group of people who fled along the runways , endangering not only themselves but also the aircraft that were circulating on the airport runways at the time. Affectation that was not only inevitable given the chaos that was organized, but of perfect anticipation for the detainees.