Spain's National Court has decided not to lift the remand without bail order for a man sought by Morocco for extradition. The man is accused of being involved in the death of a migrant who arrived in the Canary Islands in late 2020, a case for which the primary perpetrator has already been sentenced.
The court stated that the extradition request is based on allegations of a «serious criminal offense». The man is accused of participating in an illegal migration operation from the Moroccan city of Dakhla to Spain in exchange for money, in collaboration with a former convict.
Judicial documents reveal that before reaching Gran Canaria Island, one of the boat's passengers was assaulted and fatally injured by other migrants. In Morocco, this crime can be punished with up to 20 years in prison.
The prosecution argues that the man is living in Spain illegally and is subject to an expulsion order and a ban on entering the Schengen area imposed by German authorities. These issues intersect with the ongoing process in Morocco, according to the National Court's ruling.
The defense counters that only the boat's operator was convicted of the crime, suggesting that the case may have been «legally settled» in Spain, as the accusation was directed solely at the operator. The defendant's lawyer argues that the evidence against his client in Morocco is unclear, noting that the events occurred four years ago and the international arrest warrant was issued two years ago.
Since late 2020, the defendant has been living with his family, holds a work permit, and could apply for a temporary residence permit for exceptional reasons. The defense argues that these circumstances warrant a review of the detention measures to a less severe alternative.