The judge of the caso Ghali has rejected the request of the State Bar to dismiss the proceedings because it understands that there were no crimes of prevarication, documentary falsification and concealment, in a harsh order to which OKDIARIO has had access, in which it reprimands it for trying to do by means of its request to file the case a “Anticipated judgment” of what happened.
The magistrate of the Court of Instruction No. Seven of Zaragoza, Rafael Lasala, indicates that the request for dismissal would take place in the event that the material “fact”, that is, the entry and exit of the leader of the Polisario Front, Brahim Ghali in Spain, it was “non-existent”, something that, he recalls, “is not so, even the requesting party acknowledges that it has existed.”
A different thing, he continues, is “if it can be criminalized” and that, precisely, is the “object of the investigation.” In this sense, the judge ugly to the State Attorney’s Office to defend that “no data has been obtained for the criminal classification and that they cannot be obtained in any way” because, in his opinion, he is carrying out a “Probative anticipation” with which he “disagrees.”
But the judge’s rapaciousness does not end there, since he then insists that «This is not the time when you have to make a full assessment of the fact under investigation of the existing indicative material and of the criminally relevant participation in it of those investigated or of other persons “because, he recalls,” the abbreviated procedure is developed progressively from the initial accusation to the definitive conclusions. “
In addition, the judge refers to the statement last week of the former Foreign Minister Arancha González Laya to which this newspaper had access and in which he acknowledged that it was not verified if there were “limitations” in the entry of Ghali in space Schengen because “good faith” guided them. Thus, Lasala recalls that by virtue of Schengen regulation, the Member State that authorizes the entry into its territory of third-country nationals who do not fulfill any of the conditions established for humanitarian reasons must inform the other member states of this.
«Something that not only has not been done, but it has also been recognized that it has not been deliberately intended in order for the entrance to be discreet “, as the former chief of staff of González Laya acknowledged before him, Camilo Villarino, also investigated in the cause.
Next, the judge acknowledges that the aforementioned Regulation says that a member state “may establish exceptions” to that rule, but, qualifies, that “the defense referred to it in a partial and interested way, in such a way that it does not meet the requirement. ‘
Regarding the non-verification of Ghali’s passport upon arrival at the Zaragoza airport to later be treated in a Hospital in Logroño, which Laya herself acknowledged in her statement, the judge explains that “there is nothing to object to being sealed or not the passport in the indicated case “because what is being prosecuted here” is whether it was shown and checked, not whether it was stamped.
“And what should not be ignored is that the exemption refers to the sealing in the travel documents of ‘Heads of State or personalities’ whose arrival has been previously announced ‘officially through diplomatic channels,'” says the judge in the car.
«None of the circumstances exist as the Sahrawi Arab Democratic Republic is not recognized by any of the Schengen Area States, the consideration of personality made by the defense of the investigated is not the one intended by the Regulation as equivalent to a high dignitary and the arrival, although it has been announced through diplomatic channels, it has not been officially precisely because of the reserved and discreet character that they wanted to give it, “he adds.
The leader of the Polisario Front arrived on April 18 in an Algerian plane to the Zaragoza Air Base, without passing border controls or documentation, from where he left in an ambulance to the San Pedro de Logroño Hospital, a health center where he was admitted under the name of Mohamed Benbatouche to be treated for conditions related to Covid-19. On June 2, he left the country from Pamplona after testifying by videoconference before the judge of the National Court Santiago Pedraz.