The magistrate court number 6 of Ceuta has decided to apply the doctrine Loot and archive the case against the 16 civil guards processed by the tragedy of This, when at least 15 migrants died trying to reach to swim to the Spanish coast on February 6, 2014, while using riot gear to prevent it. According to consists in a self-dated this Tuesday, judge Maria de la Luz Lozano believes that you can’t open oral hearing against the officers, because it only drives the case against them, the popular indictment, since the Prosecutor’s office and the State attorney have requested the dismissal.
This decision comes barely a month after the same judge decided to prosecute the guards for manslaughter reckless and denial of relief. Then, Lozano insisted that there are grounds for lay officers in the dock, when you consider that its intervention “could contribute, co-causally”, to the deaths of the foreigners. To slow down those without papers, used rubber bullets and smoke canisters.
16 civil guards who acted in the tragedy of the Tarajal, prosecuted for manslaughter reckless
“Concur, indications on the possible lack of proportionality”, said the magistrate in the self known in the past September, where he added: “it Is clear that in the sea had migrants who could be a bad, even the loss of life, and that they should be aided by the investigated agents, which they could have intervened in their support and refrained from doing so without cause that justifies its omission”. “The borders have to be protected, but without leaving unprotected to the people”, apostilló in the writing the judge.
This thesis always rejected the Prosecutor’s office, which has order is at all times the file of the cause. A measure that got on two occasions during the investigation —although the Provincial court returned to re-open the investigation— and that has become to achieve now. “In this case, have only shown their purpose to urge the holding of oral proceedings, charges popular, attracting the Prosecutor’s office, the dismissal of these cars, you request that this jury cannot ignore given the effective current of the above-mentioned jurisprudence,” stresses Lozano in his new car, which has had access to THE COUNTRY, where he stresses that gives you sweep it under the carpet for the third time to the case solely by application of the doctrine to Loot. In fact, the judge maintains that there are still the same “signs of crime”.
The NGOS that serve as accusations popular, that they have come to ask for up to 56 years in prison for each one of the civil guards, they can still appeal to try to overturn the decision of the judge. The judge gives them a deadline of five days to file an appeal.