There is no case. The Ceuta Prosecutor’s Office by means of a decree issued on November 21 and to which Cadena SER has had access, indicates that the actions initiated to determine if there was any type of crime against members of the Armed Forces for the return of a young man to Morocco, the so-called “hot returns”.
And there is no case because the young man is not in Ceuta and, therefore, it is understood that the burden of proof, beyond the images taken by the photojournalist Jon Nazca of a young man trying to access Spanish soil, rejected in the water at first and, later, when he climbed one of the walls of the Tarajal beach, intercepted by soldiers of the Spanish Army, he cannot fall on anyone. This is precisely one of the conclusions of the prosecutor’s decree, which clearly indicates that, despite the instructions issued, “there are no indications of a degree of probability sufficient to consider the perpetration of the crime justified” and, here, the thing, neither can the procedure be directed against “a specific person and agree to continue the proceedings.”
The Prosecutor’s Office recounts the actions carried out. From the taking of the statement to the photojournalist who recorded the images providing the video without manipulating, the images of the security cameras of the National Police and the Civil Guard of the border perimeter, the requirements to the General Command of Ceuta, to the Government Delegation in Ceuta, to the National Police and the Civil Guard to provide information about the orders, instructions and service notes issued related to the returns of foreigners and how to act in the border perimeter the two critical days (17 and 18 of May 2021).
In none of the cases did it involve clarification of the facts. Another request went to the General Command with the hope of providing the identity of the military intervening in the return of the young man, something that has been impossible for it because it shields itself in the presence of 2,700 soldiers in those days. The Command stated that it would act as an auxiliary force for the Police and the Civil Guard. The Delegation denied having issued any specific order. The Police were limited to indicating instructions to maintain security in the area and the Benemérita established its order of service in the “surveillance and waterproofing of borders.”
The decree reflects that the Prosecutor’s Office, after observing the video, there was no reference to the young man being a minor, neither by the military nor by the young man himself.
The events date back to the days of great upheaval in Ceuta when approximately 12,000 people gained access to Spanish soil through the Tarajal border in a maneuver orchestrated by Morocco in response to the attention paid to the leader of the polisario front Brahim Gali. Approximately 1,500 minors were able to pass all the filters, but this young man who could not be determined whether he was a minor or not, failed in his attempt.
The complainant may take civil, criminal and administrative actions if he deems it appropriate.