Spanish Court Transfers Case of Collective Assault to Moroccan Authorities
In a significant legal development, a court in Arrecife on the island of Lanzarote has classified a case of collective assault involving three men on a migrant boat that departed from Agadir, Morocco. The court deemed itself incompetent to handle the case, prompting the transfer of the file to the Moroccan justice system. This decision comes in the wake of a troubling incident that unfolded during a four-day journey across the sea, during which a woman from Guinea reported having been sexually assaulted.
The vessel in question was carrying 65 passengers, of whom three tragically lost their lives, and as many as 14 others are reported missing, according to organizations monitoring migratory routes. The police managed to apprehend three suspects, who hailed from Mali and Burkina Faso, thanks to the testimony of a fellow passenger. Initially, these suspects were detained on September 19 but were released just five days later after the prosecution indicated that Spanish jurisdiction was not applicable.
The court clarified that the assaults took place between the second and third days of the journey, specifically in international waters. Notably, the boat did not fly any flag, and neither the victim nor the suspects had any prior connection to Spain before their arrival.
Despite the decision to classify the case, the judge emphasized that this action should not undermine the credibility of the victim's testimony or the reality of the crime itself. To prevent any form of impunity, the judge mandated that all expert reports and testimonies be forwarded to the Spanish Ministry of Justice, which will then relay them to Moroccan authorities, as well as to those in Mali, Burkina Faso, and Guinea. Confirmation of this transmission is still pending.
The Canary Islands prosecutor has previously advocated for legal reforms that would allow for the prosecution of crimes committed on vessels without flags. Additionally, the victim's attorney, Louila Sid Ahmed N'Diaye, has suggested the possibility of an appeal or a formal criminal complaint to seek protective measures for the victim.
As reported by yabiladi.com.
