The AN forces a new sentence on the four accused of forming a jihadist network in prisons

The Appeals Chamber urges that a new ruling be drafted in which a statement of proven facts is made without contradictions

MADRID, 22 Dic. (EUROPA PRESS) -

The Appeals Chamber of the National Court (AN) has upheld the appeal of the Prosecutor's Office and has forced the Criminal Chamber to issue a new sentence on the four defendants who were acquitted of forming a jihadist front while in prison, to unite prisoners for crimes related to Islamist terrorism.

It was last November when the Prosecutor's Office of the AN itself appealed the acquittal issued by the Criminal Chamber, considering that "the account of facts proven in the sentence is contradictory or inconsistent with the operative part" of the ruling itself.

Legal sources have explained to Europa Press that the Appeals Chamber has estimated this Thursday the appeal filed by the Public Prosecutor proceeding to annul the sentence handed down in the first instance.

In the opinion of the Prosecutor of the National Court, "from what was stated in the proven facts of the appealed sentence, as well as from the evidence carried out in the act of the oral hearing", the "typical requirements of the crimes for which they are accused, according to the interpretation given by jurisprudence to said requirements".

Now, the Appeals Chamber has ordered that a new ruling be issued in which a statement of proven facts is made that does not contain contradictions.

It should be remembered that the prosecutor requested for Abderrahmane T., known as Mohamed Achraf; Mohamed E., Karim A., Abdelah A. and Lahcen Z., 12 years in prison and 10 years on probation for the crime of constituting a terrorist group. However, the Public Ministry withdrew the accusation for the latter in the final conclusions phase.

"The affiliation of the four defendants to the terrorist organization DAESH, understood as an assumption of its objectives, has been proven, but what is more, the defendants do not limit themselves during their stay in prison to assuming the postulates of the terrorist organization DAESH, but they act inside prison to achieve the objectives pursued by said criminal organization, as they are described in the account of proven facts of the sentence now appealed", maintained the Prosecutor's Office.

In its appeal, the Prosecutor's Office pointed to an alleged "violation of the rule and procedural guarantees, specifically for infringement of the right to effective judicial protection, in such terms that it should lead to the annulment of the sentence handed down due to contradiction in the story of proven facts". That is why they requested that it be rectified and a "new judicial resolution be issued with an account of proven facts in which no contradiction is noted."

But, in addition, the Public Prosecutor's Office warned of a "violation of a norm of the legal system, specifically for violation of the articles that punish the crime of integration into a terrorist organization, or, alternatively, for violation of the article that punishes the crime of crime of collaboration with a terrorist organization, or, in a subsidiary nature of the two previous ones, for violation of the article that punishes the crime of recruitment and terrorist indoctrination".

It should be remembered that the AN agreed last September to release Abderrahmane T, who was in jail, after being punished for jihadism and who planned to attack this judicial body with a truck loaded with 500 kilos of explosives. At that time, the court had not yet handed down the acquittal that was appealed by the Prosecutor's Office.