The chief prosecutor of Algeciras (Cádiz), Juan Cisneros, has been very clear regarding the psychiatric illness that the Minister of the Interior, Fernando Grande-Marlaska, has awarded Yassine Kanjaa, the jihadist from Algeciras who assassinated the sacristan Diego Valencia. Cisneros has notified the minister that the possible mental disturbance of the detainee does not eliminate the classification of terrorist actsince “one thing is the principle of guilt and another is the act itself committed”.
«When some victims have been attacked so meant by their religionand when what has been done is an attack by religious motives against another religion that they want to eliminate, then it is a terrorist act, because it is one of the motivations that the Penal Code includes as a terrorist act,” Cisneros explained.
In this sense, he has pointed out that “there is some confusion when it is said whether it is a crime of terrorism and it is a question of mixing it with the fact that the person could be disturbed or not.” The prosecutor explained that “they are two different things”since “one thing is the principle of guilt, if he had mental faculties in its fullness, which will be determined during the investigation of the cause through the psychiatric and forensic reports, and another thing is the fact itself committed, “prosecutor Cisneros assured EP.
The classification of the act as terrorist is not eliminated by the fact that the person is disturbed«simply that later when applying the principles of criminal law, this person can be acquitted and a security measure is imposed instead of a sentence, but that does not eliminate the classification of a terrorist act from the act that has been committed “, explained the prosecutor, who added that “only in the event that the investigation shows that there is no terrorist motivation, then the National Court would lose its jurisdiction and the matter would return to the courts of Algeciras.”
Juan Cisneros has indicated that “the first thing that must be taken into account is that it is in the initial phases of the investigation, that although the police have already done enough, with the arrest and search, now comes a more detailed part that is to determine If this person had some kind of external support for the facts, at least in his planning, and above all to study that process of radicalization that has led him to end up murdering one person and trying to murder another».
Regarding the expulsion order that the detainee had, Cisneros, in an interview in TVEhas remembered that a removal order is an administrative proceeding in which what Spain proves is that this man does not have the documentation to be in Spain.
In this sense, he has indicated that he makes a statement saying that this man is Moroccan, which is made by a statement of evidence, as is his own statement, but without being supported by any documentation or any paper. «When it comes to executing the order, which in this case an attempt was made to execute, it already depends on the collaboration of the country that we believe is of origin. If the one of origin does not recognize it, he does not accept it », he has pointed out.
Thus, he explained that in this case a “second more complex process” begins, which is to identify this person and be able to determine their specific identity, “but if you do not have the full collaboration of the authorities of the country of origin, it is very complicated, which is why expulsion orders sometimes take months or even longer to be executed”.
The fact that he was arrested and expelled from Gibraltar in three days in 2019 has indicated that “it is different because that is a hot return, they catch you when you enter and it is easier there, it is easier to determine where you come from” .
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