Lawyer Emilio Medina has reported the “erroneous” arrest of his client, who is now incarcerated, after being “confused” with “another distinct individual”. The suspect “was born in 1995” and resides in Fuerteventura, while the person currently detained (and imprisoned) “was born in 1993 and lives in Lanzarote”. Although their first names are similar, their surnames differ significantly. Therefore, the lawyer has highlighted a “serious and irreparable error in the proceedings” and is requesting “the complete annulment of the actions taken”.
Incorrect Identification
In the submission challenging the detention, the lawyer noted that “my client’s name is Mohamed K., as stated in his Moroccan passport … born on 07/12/1993“, yet from the outset of the procedure, BOTH IN THE SECRET OF THE CASE AND IN THE POLICE REPORT, HE HAS BEEN ERRONEOUSLY IDENTIFIED AS MOHAMED A., with a birth date of 24/04/1995, details which correspond to ANOTHER DISTINCT INDIVIDUAL.
Moreover, he emphasises that “the suspect has been attributed a residence on a street… in Puerto del Rosario (Fuerteventura), where my client HAS NEVER LIVED. This is a MISTAKE THAT HAS BEEN CARRIED OVER FROM THE POLICE REPORT AND CONTAMINATES THE PROCEDURE“.
Violation of Rights
As the lawyer warns, “this confusion violates my client’s fundamental right to EFFECTIVE JUDICIAL PROTECTION AND AVOIDANCE OF DEFENCELESSNESS (Article 24 CE), given that he has been DEPRIVED OF HIS LIBERTY UNDER AN IDENTITY THAT DOES NOT BELONG TO HIM“.
Request for Annulment
This situation necessitates that “since the identity error is evident from both the secret of the case and the initial police report, ALL SUBSEQUENT PROCEDURES ARE FLAWED, leading to the COMPLETE NULLIFICATION OF THE ACTIONS concerning my client”.
Consequently, the lawyer is requesting “the complete annulment of the actions taken against my client, as they have been based on an erroneous identity from the secret of the case and the police report“. Additionally, he seeks “the immediate release of Mohamed K. following this serious and irreparable error in the proceedings“.
