The Nationwide Court docket sends to trial the three jihadists prosecuted for the assaults in Catalua


Thursday, July 9, 2020 – 20:00

The Felony Chamber concludes the investigation towards Mohamed Houli Chemal, Driss Oukabir and Mentioned Ben Iazza, the three alleged members of the terrorist cell that tried in 2017 in Catalonia

Las ramblas after the assaults in Barcelona.
Ivn Cmara

The Nationwide Court docket has agreed this Thursday to open an oral trial towards Mohamed Houli Chemal, Driss Oukabir and Mentioned Ben Iazza, the three alleged members of the terrorist cell that dedicated the assaults of Catalua on August 17 and 18, 2017.

Within the order, the Chamber confirms the conclusion of the abstract for the crimes that the investigating decide included in his indictment and that represent integration right into a terrorist group, manufacture, possession and deposit of explosives and the crime of havoc in a level of try, with out prejudice , signifies the court docket in its decision, of its willpower within the writings of conclusions, of consummate terrorist ravages and tried murders or terrorist accidents by the acts of Alcanar .

A number of of the personal and two common accusations had requested the court docket to order the investigating decide to increase the cost to the three members of the cell for the victims of the assaults in Barcelona and Cambrils.

The Chamber rejects this level and explains that when the investigation ends, the accusatory precept prevails and the mandatory impartiality of the sentencing chamber have to be assured, therefore, apart from clamorous omissions of imputable information, “the ability to order the prosecution shouldn’t be used or the growth of the identical by attributing to the defendants information that weren’t imputed to them within the court docket order. “

Court docket arguments

“The Chamber is not going to order the prosecution of Mohamed Houli Chemlal and Driss Oukabir for the occasions in Barcelona on the afternoon of August 17, 2017, nor for people who occurred in Cambrils early on August 18, 2017, which doesn’t exclude that, each within the seek for materials fact, and so as to restore the victims and, moreover, to determine the participation that within the different information included within the it from the indictment the accused could have had the conclusions of the accusing events perceive them; events that aren’t linked by the prison authorized qualification. ”

“The prohibition to incorporate within the written assertion of conclusions information that haven’t been imputed to the accused is an assumption of legitimacy for the prosecution, however this doesn’t result in the requirement of a precise accuracy between the incriminating decision and the accusation , since an extension within the historic account of the accusation transient in relation to the outline of the information contained within the indictment doesn’t at all times indicate a considerable motivation for the needs of the accusatory precept and the correlative proper of protection “, emphasize the magistrates Alfonso Guevara, Carolina Riusy and Carlos Fraile.

As well as, the court docket recollects that the indictment expressly excludes by the trainer the participation of the accused within the occasions that occurred in Barcelona or Cambrils. The judges add that in the event that they order to course of or lengthen the prosecution, they’ll even provisionally assess the rational indicators of criminality towards a sure individual or individuals, which can make them lose the mandatory impartiality.

The explosion in Alcanar

Nonetheless, the Chamber argues that the prohibition to incorporate within the transient of conclusions information that haven’t been imputed to the accused doesn’t result in the requirement of a factual accuracy between the incriminating determination and the accusation.

Because of this, so long as the {qualifications} should not on information not imputed, they will fluctuate and perceive potential contests, so the court docket collects the totally different alternate options of the accusations, amongst them the potential dangerous, private and materials penalties of the explosion of the saved materials. in the home of Alcanar that might suppose the existence of against the law contest as a number of of the private accusations perceive.

In the identical sense, the order additionally explains the chance that the accusations impute to Mentioned Ben Iazza by integration or easy collaboration in your writing of conclusions.

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