A Moroccan citizen accused of using a pepper spray against two legionnaires in the Tarajal area, in Ceuta, has been released after being acquitted of the crime of assault against authority. The judicial resolution, to which Europa Press has had access, establishes that he used the aerosol in the incident of September 7, but considers him responsible only for two minor offenses of injuries, imposing a fine of 60 euros for each affected soldier.
The presiding judge of court number 1 of the Criminal Section of the Court of First Instance of Ceuta concludes that the statements of the two legionnaires were "confusing" regarding the context of the action and the tasks they were performing. The defense, exercised by lawyer Yoel Rio, reserves the right to appeal a ruling that is not yet final and also considers filing a complaint against both soldiers.
The Prosecutor's Office had requested four years in prison for an alleged crime of assault against authority aggravated by the use of a dangerous instrument, in addition to economic sanctions for the minor injuries, and had requested to replace the prison sentence with expulsion to Morocco with a prohibition of entry into Spain for ten years. Finally, the accused has been sentenced to one month of fines for each of the injuries, at a rate of two euros per day, totaling 120 euros, in addition to the payment of the costs of the process.
The man, with an asylum application pending, arrived in Ceuta during the mass entry of migrant people recorded at the end of July, as his defense stated during the oral hearing.
The events occurred around 00:30 hours on September 7, in the migrant settlements near the reception centers of Tarajal. According to the proven facts, several members of the Armed Forces, in proper uniform, required the accused to identify himself.
During the course of the subsequent incident, the man activated a pepper spray that caused allergic reactions on the right forearms of the two soldiers, in addition to irritating cough. The injuries healed in one day.
One of the legionnaires recounted in the trial held this Monday that they were patrolling for surveillance and deterrence tasks after receiving a warning about a possible robbery. According to his testimony, the accused refused to provide documentation and, during the frisk, a struggle ensued. The soldier stated that the man was held by both arms when he activated the spray.
The second legionnaire offered different versions: in one he maintained that the accused suddenly took out the spray after being searched and sprayed them; in another, that he lunged at them and took it out when they were trying to subdue him, although the soldiers prevented him from using it.
The defense questions the action and considers appealing
The accused, for his part, declared in the hearing that he was sitting using his phone when the soldiers demanded his documentation and that it was they who hit him and sprayed him with pepper gas.
The defense provided a medical report that documented injuries and bruises on the head, eye injuries, and the loss of a dental piece, although this documentary evidence was rejected in the preliminary matters of the trial.
The lawyer questioned the proportionality of the intervention and the legitimacy of the spray presented as an instrument of the crime, understanding that there was no chain of custody that guaranteed its origin. He also emphasized that the report did not include the identification of victims or complainants for the alleged robberies that, according to the soldiers' version, would have motivated the action.
The defense is considering appealing the ruling, which is not yet final, and maintains the possibility of filing a complaint against the two witnesses.