He Superior Court of Justice of Andalusia (TSJA) ratified the sentence of the Court of Cádiz which condemns two North African men by kidnapping and assault in a house Algeciras to another man, also from the Maghreb, accused of having lost a shipment of hashish. The victim managed to escape by jumping over the terrace, taking advantage of the recklessness of the kidnappers who untied him so that he could go to the toilet. A third defendant was acquitted.
According to the judgment to which OKDIARIO Andalucía had access, Oman H. (in pre-trial detention for this reason) and Khalid E. (with a criminal record), arrived around midnight on May 22, 2021 at the house of the victim, Rachid C.in the El Saladillo neighborhood of Algeciras, and they put him in an Audi Q7 against his will. He was then 24 years old. He was taken to a house in the El Cobre neighborhood, where they tied his hands and sat him on the living room sofa, beating him and threatening to kill him to get the whereabouts of A hashish game that they said he stayed.
The Court of Cádiz declared it proven that during the kidnapping they had the help of a third, Rabie C., who lived like squatter in the house, and that the perpetrators were allegedly responsible for monitoring the victim.
The kidnapping continued throughout the night and until 3:30 p.m. the same day, when Rachid, taking advantage of being untied to go to the toilet, hit one of the accused, ran towards the stairs and climbed up ‘to the bathroom. terracehence I jumped into the street. Although they ran after him, he managed to hide and escape to his home.
Later he went to hospital and, accompanied by his brother, presented complaint at the national police station, providing the names of the people involved. The victim suffered multiple bruises and an anxiety attack.
A few months later, following investigations, two houses were searched in which more than 68 kilos of hashish, 3,435 clonazepam tablets and 24,680 euros in cash. Several men were arrested and four of them ended up in the dock, all of North African origin.
At trial, the victim He said he didn’t know anything about it of his captors, even though he eventually admitted that he knew them and had even been to a tea room run by one of them. Throughout the legal process, “he needed a interpreter “before the slightest attempt to understand it in Spanish”, underlines the judgment.
Oman was sentenced to five years in prison for an offense of illegal detention, an additional three years and five months for an offense against public health and payment of a fine of 600 euros for a minor offense of injury.
Khalid He was also sentenced to five years in prison for the kidnapping and the same fine for the injuries caused to the victim. Furthermore, both were ordered to jointly compensate the victim to the amount of 6,000 euros in respect of civil liability.
Rage He was sentenced, as an accomplice to the kidnapping, to two and a half years in prison and a fine of 450 euros for the injuries, but the TSJA allowed his appeal because, although he lived as a squatter in the house where was the illegal detention took place, it did not take place. It was proven that he was there that day.
A fourth accused, Mouhssin A.was sentenced to two years in prison for drug trafficking.
Thus, the TSJA ratifies the Tribunal’s conviction for the two perpetrators of the kidnapping and acquits Rabie of all the crimes with which he was accused (illegal detention and injuries), as an accomplice in first instance.
