Racism and xenophobia
(Castellano) Juzgado de Menores nº3
(Català) CAS ARXIVAT
A 30-year-old Moroccan young man was walking with his girlfriend when he was lashed by a group of Spanish boys. The victim reproach their attitude, being surrounded and brutally assaulted by them. Four minors were arrested in connection with the facts. One was released and the Prosecution asked the precautionary detention of the three others, who were 15, 16 and 17 years old at the moment of the aggression.
From the beginning, the Prosecution appreciated racist overtones in the attack. The young men were accused of murder and requested for 4 years of closed detention and also 2 years of Probation for three of them. On the eve of trial, which had to be held in January 2006, the Valencia Provincial Court upheld the appeal of the lawyer of one of the accused and sent the case back to instruction. It was understood that the right to protection of minors of age was breached and that the Prosecutor (which in juvenile cases acts as instructor) had made an abusive interpretation of Secret Summary. As a result, it was a reduction of the information of the cause to both parts and also an impediment of seeking new proceedings practice.
Once they had access to the file, Defense could then ask for new proofs; some were performed and others do not, because the elapsed time made it impossible: The recordings of the Square Banks had been deleted in that moment; the other young people who participated in the beating and also the instruments they used to attack the victim were not found. In this sense, any instrument associated with the wounds of the deceased was related to the aggressors and finally it could not been proved that they carried boots with reinforced toes.
The view did not take place because the Prosecution sought to close the case file.