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  • The impossible escape.

    This is how Mohamed, the 24th passenger of the patera plane, escaped.

The repeal of the crime of sedition promoted by the Government of

Pedro Sánchez

may have some unexpected beneficiaries, very different from the promoters of the

process

for which it was designed.

One of its first consequences is being forged in the courts of Palma, where the lawyers of the

22 immigrants imprisoned

for the famous incident of the

'air boat'

in Mallorca have already prepared a battery of letters to demand their release in the heat of the reform of the Criminal Code that the PSOE and its government partners are finalizing in the Cortes these days.

These 22 young people, the majority of Moroccan nationality, were preventively imprisoned between November and December of last year.

The Balearic justice alleged, among other reasons, the

seriousness of the crime of sedition

that they could have committed by diverting a commercial plane and forcing its emergency landing in Spain following an allegedly preconceived plan.

The Attorney General's Office itself endorsed that thesis.

The police investigation indicates that one of the passengers simulated a diabetic coma to force the aircraft to request a runway on the

afternoon of November 5, 2021

, taking advantage of the stay on the ground to flee in droves from the plane, rioting and forming a riot.

The incident, with the images of the young people fleeing from the aircraft (which covered the

Casablanca-Istanbul

route ), went around the world and was an unprecedented case in the history of irregular immigration in Spain.

The seriousness of the penalties associated with the crime of sedition that the Prosecutor's Office accused (more than 10 years in prison) has constituted, together with the risk of flight, the main argument that has led the head of the Investigating Court number 6 of Palma and the Provincial Court to keep them in pretrial detention until now awaiting trial.

However, the

imminent

suppression of the most serious crime

of those attributed to them (they are also accused of coercion and an alternative type of sedition reserved for air navigation cases and contemplated in a 1964 law) may cause the courts to rethink the situation, easing his freedom while the procedure lasts, which has not yet come to trial.

"They are the

only pre-trial prisoners

currently being investigated for sedition in Spain," says Hamza E.'s lawyer, criminal lawyer Bartomeu Vidal, who has put together one of those appeals demanding their release.

His report, already submitted to the Provincial Court of Palma, maintains that "the repeal of the criminal type that supports the cause", now in the making, affects in a "capital way" the procedure of the 'patera plane' and that therefore There is no longer support for convicting him or maintaining prison, "especially if one takes into account that he has no criminal record."

Arrested after the incident of the 'air boat' in Mallorca.Efe

In his appeal, he attaches passages from the Official Gazette of the Cortes Generales, where the bill signed by PSOE and Unidas Podemos has been debated these days, rejecting last Thursday the five amendments to all presented by the opposition.

"It's a political cause"

In addition, he says that it is a cause with "political" overtones as it is covering with the umbrella of sedition "

the enormous ridicule of the authorities"

in charge of airport security, and by seeking a "dissuasive effect" with the imputation of a crime punishable with high penalties.

For this reason, and given the legislative changes, he considers the prison "unjustified and excessive".

The Government's plan, which intends to validate its reform before Christmas, involves reducing the penalties for this crime to a third, replacing it with a crime of aggravated public disorder, which favors those convicted of the Catalan 1-0 and those escaped from Justice and partially satisfied ERC's claim.

This Moroccan prisoner is not the only one who clings to this change to ask for his freedom.

The rest of those investigated will take advantage of the horizon of reform of the Criminal Code and demand his release and his

acquittal

before the highest judicial body of the Balearic Islands.

This is how their defenses have advanced, consulted by this newspaper.

They also allege that they did not commit the serious crime attributed to them, but that their entry is comparable to "jumping the fence", to a mere "irregular entry" into Spain, and that it is a matter within the sphere of Immigration laws.

They also deny having planned it, maintaining that they fled improvised.

The accusation

The judicial and police investigation, on the other hand, maintains that it was a serious event, that they

diverted a plane and put air traffic at risk at the

Palma airport, and that there are indications that there was a previous concert concocted through social networks (an

identical plan was exposed in a

Facebook group) to cause a plane to land through coercion and collective pressure on the crew.

Simulating a passenger a serious illness to promote the escape.

The superior prosecutor of the Isas,

Bartolomé Barceló

, does not anticipate events and points out that the Prosecutor's Office will rule "when appropriate in accordance with what the law and the Penal Code say at that time."

He points out that the reform (which has yet to complete its journey in the Cortes) has not yet become effective.

However, sources from the judicial environment in the Islands do not hesitate to point out that the repeal of the crime of sedition

favors

the protagonists of the famous escape from that Royal Air Maroc flight that covered the route between Casablanca and Istanbul.

And that he was forced to stop his route abruptly by a "simulated patient" (according to the judicial investigation), causing twenty young immigrants to run away along the runways.

After a year and a month in preventive detention, its protagonists could find an unexpected ally in the Government of Spain itself, benefiting from a

judicial carambola

promoted on the political table.

According to the criteria of The Trust Project

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