Spanish justice has finally decided to reopen the case of the young Moroccan, Ilias Tahiri, who died in tragic conditions in the center for minors of Tierras de Oria in Andalusia (south), managed by the private company ” Ginso“.
The case dates back to July 2019, as shown in a video widely shared on social networks in June 2020, when the guards of the said center applied the protocol of ” mechanical restraint On the young Ilias, and which led to his death. The video had created a wave of indignation in the Kingdom, and had indeed coincided with the death of George Floyd in the United States.
Thus, a court in Almeria (southern Spain) has reopened the case for the death of young Ilias, aged 18, “ following the use of a very controversial restraint technique“. Remember that this technique is used when there is resistance, which was not the case with Ilias, as shown in the video.
The court, which was seized by Ilias’s family, said in a document dated 22 October that “ the investigation cannot be considered completed (…), the dismissal in this case was therefore precipitated (…) We observe a priori (…) rational indications of manslaughter“. While an examining magistrate concluded last January that the death of the young Moroccan was ” accidental“.
After the indignation observed this summer following the broadcast of the video, a collective of Moroccan lawyers and politicians, who are working to do justice to Ilias Tahiri, as well as the Spanish Foundation, Ibnou Batouta, whose president does not is other than the Spanish parliamentarian of Moroccan origin, Mohamed Chaib, have become a civil party in this affair.
The collective had filed a legal complaint on June 15, including Hespress Fr holds a copy, which was sent to the examining magistrate of Purchena, in Almeria, for the reopening of the judicial inquiry, closed by the judge in charge of the case at the time, and which had concluded “sudden accidental death “, and not to a ” death by asphyxiation following violence ”. The prosecution at the Court of Purchena (Almería) had also accepted the collective’s request.
“As a civil party in this case, and according to the data available to us, we have filed a complaint for the reopening of the investigation. There are also the latest statements from Ilias’ mother, who has doubts about the circumstances of her death. She believes that her son could be already dead before even arriving at the room where we saw him lying, especially since in the video, Ilias showed no form of resistance ”, Master Mourad Elajouti, member of the Ilias Tahiri Lawyers’ Collective, explained to us.
Today, the collective says it is happy with the decision of the Almeria court which ruled for the reopening of the case.
” We are very satisfied that justice has finally been served. It is a first victory for the collective that the judge was convinced to reopen the investigation. Now, we will be able to present new elements, compared to the first part of the video“Said to Hespress Fr, Maître Mourad Elajouti, after these new developments.
Similarly, our interlocutor indicates that the collective is also ” very happy with the position of the Almeria public prosecutor’s office, which in a letter requested the reopening of the investigation ”. According to the lawyer, “ this will shed light on the human rights abuses taking place in juvenile centers“.
” We are also satisfied that the action we have taken as a civil party, with the Ibnou Batouta Foundation, has been accepted. This constitution as a civil party helped a lot to put a little pressure in this case.“, Considers Me Elajouti.
The court document recalls that the Council of Europe had requested in 2016 the prohibition of the mechanical restraint protocol described as ” worrying »After visiting the Tierras de Oria miners’ center.
Commenting on this request from the Council of Europe, Me Elajouti said to be ” surprised that a state or a country, which claims to be a rule of law, continues to use these methods which date from the Middle Ages“.
” Within the collective, we believe that we must put an end to these inhuman and degrading methods“, He concludes.