The judge of the National Court Santiago Pedraz has decided to conclude the summary of the complaint presented by the Saharawi Association for the Defense of Human Rights (ASADEH) against members of the Polisario Front for alleged crimes of genocide without prosecuting the leader of the political organization, Brahim Ghali.
The leader of the Polisario Front leaves Spain after declaring in the National Court
The head of the Central Court of Instruction Number 5 explains in his order that the denounced events would have occurred between 1974 and 1990, for which they would already be prescribed, in accordance with the Penal Code of 1973, which would be the applicable one.
In addition, although it does not analyze whether the facts could constitute a crime of genocide in the current Penal Code, the magistrate does state that the behaviors exposed in the complaint “do not integrate all the elements of the crime of genocide.”
Pedraz also insists that there are contradictions in the account of the complaint itself and in the witnesses that he has questioned, as well as “a manifest insufficiency of relevant details about the circumstances of the place and time of the events, specific details of the participation of the defendant Brahim Ghali “.
Ghali had declared in the National Court on June 1, just before leaving Spain. After going to court, Pedraz released him without precautionary measures. The magistrate only agreed that he provide an address and telephone number in Spain in order to be located and refused to order the provisional imprisonment that the two accusations against him had requested.
During the interrogation – in which he answered only the questions of the Prosecutor’s Office and his defense -, Ghali affirmed that all the facts that are the object of the accusation are “absolutely false” and denied having committed torture, disappearances or any type of illegal conduct against any person. Saharawi citizen, as explained by his lawyer, Manuel Ollé, at the end of his statement.