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Join on Telegram Rabat – A judge in the Spanish city of Zaragoza has accused the Spanish government of violating Schengen regulations after allowing Polisario leader Brahim Ghali to travel to Spain in April.
Spain continues to face accusations and backlash for allowing the leader of the separatist group to be hospitalized and then leave the country even as he was linked with several criminal charges, including murder, rape, and kidnapping
The Zaragoza court’s judge said the government violated travel regulations in the Ghali case by failing to inform all EU member states of its decision to allow Ghali to enter its territory.
“So far there are reasons to believe that the one made of such a basic rule has not been a bad or difficult interpretation, but a frontal violation of its precepts by having claimed its inapplication, this being the reason why what happened at headquarters is questioned criminal and not in another jurisdiction,” many Spanish news outlets have quoted the judge as saying.
The Schengen regulation affects the border of all member countries of the European Union. It emphasizes that a valid visa is necessary to cross European borders, unless the person holds a valid residence permit or a long-term visa.
The Spanish government, most notably through former Foreign Minister Arancha Gonzalez Laya, repeatedly defended the entry of Ghali, saying that it was not a criminal offense.
According to the Zaragoza judge, however, none of the EU travel regulations were respected in the Ghali case given that Polisario’s self-proclaimed Sahrawi Arab Democratic Republic (SADR) is not recognized by any of the Schengen Area states.
The judge also rejected calls to archive Brahim Ghali’s case.
He emphasized that authorities must “inform the competent courts of the location of the subject under investigation.”
Upon Ghali’s arrival in Spain, he was already the subject of several serious criminal complaints, including on charges of rape, torture, forced disappearance, among others.
The judge also took issue with the fact that he speartist leader used a fake name to enter Spain under Mohamed Ben Batouch.
“Registered in April of this year at the Hospital de Logrono under the name of Mohamed Benbatouche under the pretext of preserving intimate data on his health, an excuse that offends the health and administrative professionals of said Hospital, the index of probabilities that the variations of identity are due to chance are reduced to a minimum,” he argued.
Spain’s sheltering of Brahim Ghai sparked outrage among complainants who had long called on the Spanish government to hold the Polisario leader accountable for his many first-degree crimes.
Morocco also decried Spain’s lack of diplomatic reciprocity and urged Madrid to ensure that Ghali stand trial for his involvement in many crimes.
The entry created unprecedented tensions with Morocco, which described Spain’s decision to allow the leader of the Polisario Front as against the principle of reliable partnership and cooperation between Rabat and Madrid.
Spanish Prime Minister Pedro Sanchez recently announced a cabinet reshuffle that saw former FM Gonzalez Laya leave her post. Many observers have since taken the view that Laya’s forced exit from the government was a strong signal of Madrid’s willingness to turn the Ghali page and boost relations with Morocco.
