Judge Santiago Pedraz agreed on the Association of the Saharawi Association for the Defense of Human Rights (Asadeh) against the leader of the Polisario Front, Brahim Ghali, by the crime of genocide supposedly committed against Moroccan citizens between 1975 and 1990 . It is one of the two complaints that the Polisarian leader had opened at the national audience.
The magistrate considers that the facts would be prescribed and that the Crime Commission of Genocide has not been accredited, as well as the testimonies of the witnesses contradict the claims of the complaint.
The complaint was presented in 2008 against 13 Moroccan military for crimes of genocide, murder, injuries, illegal detention, terrorism, torture and disappearances.
The judge explains in his writing that in accordance with the current Criminal Code at the time of the facts, the crimes would be prescribed to have exceeded the expected 20 years. He also recalls that the one known as Criminal Code of 73 did not include genocide, which was incorporated into the 1995 reform. In this new code the crime was impressible, a characteristic that could not be applied retroactively.
But outside the prescription, the judge indicates that the account of the complaint does not include the requirements of the crime of genocide, such as the supposed "joint intention that guides according to the complaint to the murders and torture to the dissidents of destroying totally or partially the own national group to which they belong. " "There are no traces of those subgroups in which they divide the Saharawi people according to their geographical location," says Pedraz.
In addition, the judge coincides with the lawyer of Ghali, Manuel Ollé, in which there are contradictions in the tells of witnesses. "Suffice the audition of the declarations provided to appreciate the contradictions reported by the defense between the affirmations of the complaint on the participation of the complacent in the facts described and the content of the testifies of the witnesses that he has declared. It is also appreciated a manifest insufficiency Relevant Details on Circumstances of Place and Time of Facts, Concrete Details of the Participation of the Queer Brahim Ghali, description of the position he occupied, etc. All this remains credibility to the testimonies rendered and prevents the imputation against the complaint, "he says Pedraz
The file reaches only Ghali, so the cause by genocide remains open at the hearing against the rest of the complainants.
Date Of Update: 03 August 2021, 18:45
