A judge imprisons Melilla politicians so that they do not flee on "jet skis" and the defenses ask the CGPJ to intervene due to "racial discrimination"

Gema Peñalosa Madrid

Madrid

Updated Monday, March 25, 2024-01:47

• Interior The Police arrest Mustafá Aberchán, leader of the Coalition for Melilla, and a dozen other people for fraud and embezzlement

• 28-M The Police arrest the 'number 3' of the Coalition for Melilla and the son-in-law of the party leader for voting by mail

The reasoning of a judge to send the leadership of the Coalition for Melilla

(CPM) to jail

has unnerved the defenses and has also caused some concern in some sectors of the judiciary. The judge's arguments have already motivated a complaint before the General Council of the Judiciary (CGPJ) - the lawyers urge an inspection - considering that they are out of place and that they have nothing to do with the crimes that those investigated are accused of. . They even talk about "discrimination based on ethnicity" and thus alert the governing body of the judges.

The judge investigating the alleged purchase of votes in the autonomous city - among other crimes - by CPM understands that, given the seriousness of the penalties faced by those investigated (between 8 and 6 years in prison), they can flee on "jet skis and pleasure boats" to

Morocco

"because of their Moroccan ancestry" to avoid the action of Justice. «The geographical location of Melilla hinders control since departure by sea using jet skis and recreational boats makes it impossible to effectively control people on provisional release and with less restrictive measures. For the above reasons, measures such as the withdrawal of the Spanish passport and the prohibition of leaving the national territory are considered insufficient," she argues in the order to which

EL MUNDO

has had access .

Next, he comments on the assumption that those investigated may have other nationalities "based on their surnames": "They (the accused) hold Spanish nationality and roots in the country, but it is also true that it is normal for people of Moroccan ancestry also enjoy said nationality and have a passport from the neighboring country, and can avoid exit controls from the country by presenting foreign documentation.

«The interpretation is based on an assumption based on ethnic or religious origin and not on reality. There is no record of any foreign origin in the records. They are Spaniards who live in Spain, not who have roots. They are Spanish by origin," the lawyers insist before the CGPJ. "We are facing clear discrimination based on race in the resolutions of this jurisdictional body, since the Spanish population of

Amazigh

Melilla origin (majority) could be being discriminated against." And he concludes: "A sort of author's criminal law is being constructed, in which the Spanish population of Amazigh origin has infinitely greater possibilities of having precautionary measures of provisional detention applied to them than to other Spaniards of other ethnicities or religions."

The defenses have already presented their appeals. The first that the Court will study is that of the lawyer

Rachid Mohammed Hammu

who, apart from reasoning why the provisional detention should end, wonders about the judge's ignorance and elaborates on his assessments about the origin of those investigated and the attribution to that dual nationality. The lawyer in the

Mediador case

also illustrates that none of them have a Moroccan passport and that they have roots in Melilla. «As if his honor knew the family tree of those investigated, and attributing to an entire community (veiledly the Muslim one, since not all those investigated have Moroccan ancestry and in this case the common element is religious) the quality of offenders, disloyal, almost criminals, since dual nationality is not accepted in Spain.

Chronology of entry into different prisons

Since Tuesday, March 5, former counselors

Dunia Almansouri, Rachid Bussián

and

Hassán Mohatar

have been in Melilla prison ; and since Wednesday, March 6, in Granada

Mohamed Ahmed

and in Santander, the president of CPM and former president of Melilla,

Mustafa Aberchán

. All of them are charged with the crime of criminal organization, contracting fraud, embezzlement of public funds and prevarication. The appeals presented will enjoy "preferential processing", given that those in question have been deprived of liberty since the beginning of the month.

The only one of the six CPM charges to be given bail was former Green Line deputy councilor

Yonaida Sel-lam

last week.