The judge of the National Court Santiago Pedraz has once again exonerated the leader of the Polisario Front Brahim Ghali of the alleged crimes of genocide and murders attributed to him by complaints filed by the Saharawi Association for the Defense of Human Rights (Asadeh) and several Moroccan individuals.
Pedraz has initiated a summary and, immediately afterwards, has concluded it raw to Ghali. The instructor thus corrects the formal defect appreciated by the Criminal Chamber of the National Court, which revoked the exoneration of Ghali initially agreed by the judge on July 29.
The Chamber observed that the investigating judge had processed the complaints against Ghali by the rules of the abbreviated procedure instead of opening a summary. The summary rules are those that apply to the main crimes attributed to the leader of the Polisario Front: genocide in competition with crimes of murder, injuries, illegal detention, terrorism, torture and disappearances.
In a new resolution already adapted to the summary procedure, Pedraz insists on the same arguments that he handled in closing the process for Ghali last July.
It explains that the facts denounced extend from 1974 to 1990, but, given that the first complaint was not admitted for processing until August 2012, the statute of limitations (20 years) has elapsed established by the Penal Code applicable at the time of the events (that of 1973) for the most serious crimes, such as murder.
The 1973 Code is applicable because it is the most favorable criminal law in that it does not contemplate the regulation of genocide. This crime was declared imprescriptible by the 1995 Penal Code, after the events that were the subject of the complaints.
“Force the penal norm”
“Without the need to analyze whether the facts could constitute the crime of genocide, the behaviors exposed in the complaint do not integrate all the elements of that crime“, Pedraz adds.
“The joint intention that guides the murders and torture of the dissidents to totally or partially destroy their own national group to which they belong is not credited (…) there are no traces of those subgroups into which they divide the Saharawi People. according to their geographic location “, argues the instructor.
In his opinion, the complaints “try to force the penal norm to achieve the indicated qualification [de genocidio] and avoid the application “of the prescription.
On the other hand, it considers that “the hearing of the statements provided is enough to appreciate the contradictions denounced by the defense between the assertions of the complaint regarding the participation of Ghali in the events described and the content of the testimony of the witnesses that he has testified. “
There is also a “manifest insufficiency of relevant details on circumstances of place and time of the events, specific details of the participation of Brahim Ghali, description of the position he held, etc. All of this reduces the credibility of the testimonies provided and prevents the accusation against the defendant from being maintained. “