• Investigation. Indignation of the guards for the cause of El Tarajal: "They are scapegoats, the State is responsible"
  • Immigration.Families of the drowned in El Tarajal: "We only ask the Prosecutor's Office to defend the victims"

"The dangerous form of irruption was an option chosen by the immigrants themselves, and in it, among the obstacles that would have to overcome the Moroccan forces both on land and at sea, was the inescapable Spanish police action, carried out by police officers the authority that fulfilled their duty, as can usually happen on any border, without the existence of evidentiary elements to sustain even an indicative disproportion in their actions, "concludes the Cádiz Court by decreeing the free dismissal of the open case against 16 agents of the Civil Guard for the death of 15 immigrants in waters near the ceuta beach of El Tarajal .

In a car, to which EL MUNDO has had access, the magistrates estimate the appeals formulated by the representations of the civil guards against the provisional dismissal issued by the investigative court and decree that the case be closed definitively when it is considered "res judicata "

In the resolution, the Audience of Cádiz describes as "an incontrovertible fact" that there was an attempt by immigrants to "cross the border line along the sea edge of the jetty where the dividing fence ends" of Ceuta and that, " Surprising and in an avalanche ", some three hundred immigrants arrived" in a disorderly agglomeration that made the auxiliary forces ("Mehanis") intervene on the Moroccan side, who, by using violent means and with stones and sticks, managed to prevent the advance of some one hundred, so that the other approximately two hundred, almost in their entirety, threw themselves into the sea, in an evident and indisputable endangerment before the Civil Guard who was on the other side of the border began to act. "

The magistrates emphasize that "the truth is that the performance of the Civil Guard had a progressive character, beginning to intersperse shots of salvo with those of rubber balls, and later the launching of some smoke canister, and its Proportionality and flexibility due to irrefutable events such as, despite their purpose, failing to establish an insurmountable barrier, given that there were 23 immigrants who managed to pass, and that none of these suffered any injury, as could be verified after arriving at the beach or to be picked up by rescue boats, without forgetting that three of the immigrants who passed did so by land and were rescued in rocky cavities in the jetty ".

In a devastating order for the accusations, carried out by the Neighborhood Coordinating Association for the Follow-up of Children and Young People, the Obervatori Association of Drets Humans (DESC) and the Human Society Association , the Chamber explains that "there is no evidence to contradict the affirmation that the police action was adjusted to the basic principles required for these interventions, with the use of means of crowd control in an appropriate and proportional way to the circumstances of the case, with a deterrent purpose first, and after channeling, it would be crazy to attribute to each and every one of them, including those who may have acted scrupulously in the fulfillment of their duty, the criminal responsibility for some hypothetical deviation of any member of the most neglected or even malicious group. "

This order represents a judicial victory for the civil guards who did not comply with the provisional dismissal of the facts dictated by the Court of Instruction Number 6 of Ceuta and insisted on requesting the free dismissal on appeal. An appeal may be lodged against this resolution before the Supreme Court.

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  • Civil Guard
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