The Arrecife Investigative Court No. 3 has ordered the “provisional release without bail” of Mohamed K., the Maghrebi citizen who had been imprisoned in August (by order of Court No. 4) after being reportedly detained “by mistake” due to a mix-up with another individual named Mohamed A. His defence lawyer, Emilio Medina, gathered all the information (notably present in the police file) that demonstrates this “confusion”.
The ruling issued by Judge Silvia Muños Sánchez in case 0000560/2025, concerning alleged ‘drug trafficking and membership in a criminal organisation’, came despite opposition from the Public Prosecutor’s Office, which sought communicated imprisonment without bail. The ruling states, “THE PROVISIONAL RELEASE WITHOUT BAIL OF MOHAMED K.“. However, he is required to “report to the National Police Station in Arrecife every Monday and whenever summoned“.
– ‘Erroneous’ Detention Due to Mix-Up
Lawyer Emilio Medina had previously reported in LA VERDAD DE LANZAROTE on the “erroneous” detention of his client and the subsequent imprisonment based on being “confused” with “a real different person” in the case secrecy and police report. The legitimate suspect “was born in 1995 and resides in Fuerteventura”, while the detained individual “was born in 1993 and resides in Lanzarote”. Although their first names are similar, their surnames are different. His lawyer has denounced “a serious and irreparable error in the proceedings” and requested the “nullity of the actions”.
In the written allegations against the detention of Mohamed K., his lawyer highlighted that “my client is named Mohamed K., as stated in his Moroccan passport … born on 07/12/1993“, while since the beginning of the proceedings, IN BOTH THE CASE SECRECY AND THE POLICE REPORT, HE HAS BEEN INCORRECTLY IDENTIFIED AS MOHAMED A., with a birthdate of 24/04/1995, details pertaining to A DIFFERENT REAL PERSON.
Furthermore, he emphasises that “he has been assigned (to the suspect) an address on the street… in Puerto del Rosario (Fuerteventura), where my client HAS NEVER RESIDED. This is a ERROR CARRIED OVER FROM THE POLICE REPORT WHICH CONTAMINATES THE PROCEDURE“.
According to the lawyer, “this confusion violates my client’s fundamental right to EFFECTIVE JUDICIAL PROTECTION AND NOT TO SUFFER DEFENCLESSNESS (art. 24 CE), as he has been DEPRIVED OF LIBERTY UNDER AN IDENTITY THAT DOES NOT BELONG TO HIM“.
– Nullity of the Proceedings
All of this indicates that “the error in identity was present from the case secrecy and initial report, rendering ALL SUBSEQUENT PROCEEDINGS INVALID, which leads to the RADICAL NULLITY OF THE ACTIONS regarding my client”.
Thus, the lawyer requested “the full nullity of the actions carried out regarding my client as they were based on an erroneous identity from the case secrecy and report“. Consequently, “the immediate release of Mohamed K. due to a serious and irreparable error in the proceedings“.
