Brahim Ghali Hosted by Spain: a Denial of Justice (Op-Ed)

MAP - Publié le Lundi 31 Mai 2021 à 15:34



​Madrid - The indulgence shown by Spanish justice, through its arrangements with the leader of the Polisario separatists, the so-called Brahim Ghali, reflects a real reversal of values and constitutes a, purely and simply, denial of justice, underline Mohamed Aujjar, Khalihenna Ould Errachid and Ahmed Herzenni in an Op-ed published Sunday by Spanish newspaper "La Razon".


 Even though the victims have devoted all their energies and resources to bringing the illegal and reprehensible acts of which they have been subjected to justice, the Spanish justice does not use the means at its disposal to ensure, as it should, respect for the legality of which it is the guardian, say the authors of this Op-ed published under the title “Ghaligate, or the making-of of a denial of justice.”

What is deeply disturbing in this telenovela is not only the ease with which the so-called Brahim Ghali is spared and his victims ignored, but also and above all the self-sabotage to which the judicial system lends itself, the authors of the article point out, noting that the hearing of the so-called Ghali by videoconference is against the position of the Spanish Constitutional Court, which insists on “the personal and direct examination of the persons appearing, which implies the temporal and spatial coincidence of the person making the declaration, and of the one before whom this one declares”. Even though he is accused not of one but of two rapes, arbitrary detention, torture, terrorism and crimes against humanity by Spanish nationals and associations and families of victims, the so-called Ghali is barely "invited" to appear before the judge "if his state of health allows it", regret Aujjar, Ould Errachid and Herzenni, adding that, in order not to disturb him, it is by videoconference that he will be able to make his statement to the judge, from the comfort of his VIP suite at Logroño hospital, where he arrived from Algeria in a private jet and under escort.

It does not take much skepticism to seriously doubt that a simple videoconference could lead to the initiation of a trial in the case of the so-called Ghali, they note, adding that it is nothing but smoke and mirrors with a view to hiding that what is being prepared instead of bringing him before justice. “The aim is quite the opposite: to clear him from any wrong-doing and to ensure his legal exfiltration.”

For the authors of the op-ed, it is one thing to claim the independence of justice, but it’s another to demonstrate its impartiality, noting that, given its seriousness, its scale, its symbolism and its victims, the case of the so-called Brahim Ghali is an opportunity that will no longer repeat itself for the Spanish courts to prove its independence and impartiality. “Everything suggests that the so-called Ghali is surrounded by such benevolence that the judge does not even dare to summon him in person, and is content to send him an invitation for a videoconference interview!”.

What greater proof of collusion than to leave the accused the leisure to comply, at his ease, with the imperative to which justice is entitled and able to compel him, they underline. What are the victims saying? Did we even think about them? They must certainly believe that it is the world upside down: when they finally enjoy the palpable prospect of seeing their executioner appear before the justice, it is this same justice that prevents them from obtaining their right!, they denounce.

When indulgence turns into permissiveness and when to tolerate amounts to not judging, we are witnessing an extra-judicial murder of the rights and sufferings of the victims, deplore the authors of the op-ed. The arrangements provided to the so-called Ghali will only hold up thanks to the will of the protectors of Ghali, and will only last as long as the impartiality of justice, the real one, takes back its rights, say Aujjar, Ould Errachid and Herzenni, noting that the tolerant judiciary can at any time put an end to this infamous leniency which allows heinous crimes to flourish and enables their perpetrator to act outside the law.