El abogado Antonio Urdiales ofrece datos relevantes sobre el caso Brahim Ghali
The Moroccan digital newspaper Hespress published an interesting interview, conducted by Mustafa Chakri, with the lawyer Antonio Urdiales Galves, who is prosecuting the case of Brahim Ghali, Secretary General of the Polisario Front, following his clandestine entry into Spain, using an Algerian diplomatic passport and a false identity. According to Urdiales, this irregular entry counted on the collaboration of government officials despite the fact that he was wanted by the Spanish justice system on charges of genocide and terrorism. The stealthy entry led to a serious crisis of confidence in the close relations between Spain and Morocco, seriously damaging cooperation between the two countries, especially in the fight against terrorism, which is carried out in a selective manner and treated à la carte according to the creed and ideology of the person committing the savage act.
In the interview with Urdiales, in his capacity as public prosecutor, he offers important data and considerable contributions of great relevance about the person in question, the crimes described as genocide and terrorist acts committed by the Polisario, which to this day have not been dealt with by the justice system in a democratic state governed by the rule of law.
Mr. Urdiales stresses in the interview that the latest investigations carried out show that both the General Information Commissariat and the Deputy Operational Director of the National Police, (those most responsible for the investigation in Spain), were aware of Ghali's entry into Spain on 18 April 2021.
"In the Zaragoza procedure, the minister, the cabinet director, the military, the police, all lie about something, to save the great leader of the PSOE, who is ultimately responsible for Ghali's entry into Spain, although he does not recognise it because he lacks courage and honesty. He has already sacrificed the ex-minister González Laya and the chief of staff Camilo Villarino, and he will sacrifice whoever is necessary to remain in office, in the palace and the Falcon at the taxpayers' expense".
He claims that according to the statements of the driver and nurse of the ambulance that transported Ghali, his son and an unknown doctor to the San Pedro San Millán Hospital in Zaragoza on 18/4/21, it turns out, according to the ambulance driver, that the transfer was prepared beforehand and the officer controlling the entrance had in his possession the identity of the occupants of the ambulance. "When the patient and his companions were picked up, they identified themselves verbally and identified Ghali as MOHAMED ABDELLA. MOHAMED ABDELLA was another false identity under which Ghali was admitted to the HOSPITAL CENTRAL DE L¨ARMEE, in Alger on 17/4/21, i.e. one day before arriving in Spain. Once the ambulance arrived in Logroño, Ghali's companions identified the patient with an Algerian passport in the name of MOHAMED BENBATOUCHE, handing over a photocopy and keeping the original".
Lawyer Urdiales highlights in the interview that "before GHALI's arrival in Spain, in February 2021, the judge of the Audiencia Nacional, Santiago Pedraz, who had two cases against Ghali and other members of the Polisario Front, (case 1/2008 at the request of ASADEDH, and case 447/2020, at the request of FADEL BREIKA), ordered the General Information Police Station to LOCATE AND IDENTIFY BRAHIM GHALI and other members of the POLISARIO FRONT who were being investigated in the proceedings 447/2020".
In the preliminary proceedings 1/2008, initiated by ASADEH, Ghali and 27 members of the Polisario Front, "were already being investigated by four judges, who did nothing to find him. With a Prosecutor of the Audiencia Nacional who was only dedicated to hindering the investigation. After 13 years, NOT ONE SINGLE TERROTIST FROM THE POLISARIO FRONT HAS BEEN ARRESTED. NOT A SINGLE ONE, when it is clear that they knew all of them and that several of them were granted Spanish nationality, and a place in the centre of Madrid, where to install the DELEGATION OF THE POLISARIO FRONT".
In the police report of 17/3/21, it is clear that the investigators knew who Gali Uld Sidi Mustafa Uld Sidi Muhamed was. That he really was Gali Sidi-Mohamed Abdelyelil, born on 16/8/1948 in Smara (Sahara), with his ID card and his address in Madrid as well as his contact telephone number which are in the cases 1/2008 and 447/2020).
To the question Since when do the PSOE governments protect Brahim Ghali?
Urdiales goes back to the date of 14/11/1975, when the Tripartite Agreement between Spain-Morocco and Mauritania was signed, since then the PSOE, aligned with the pro-independence thesis of the Polisario Front, opening the doors to international contacts. He recalls that during the war between Morocco and the Polisario Front, during the years 1976-1991, date of the cease-fire, and especially during the decade of the PSOE government - 1982-1996 - under the presidency of the socialist Felipe Gonzalez, the socialist government openly collaborates with the Polisario Front, allowing them to open numerous delegations in Spain. He points out that "during this period there were 289 attacks by the Polisario Front against civilian and unarmed citizens, Spanish workers, and more specifically, Canarian, Andalusian and Basque fishermen, among those fishing on the Saharawi bank under the Moroccan flag".
These 289 attacks perpetrated by commandos of the Polisario Front, points out Urdiales in his quality of popular accusation, are executed under the direction and responsibility of its Minister of Defence, Mr. Brahim Ghali, producing 281 victims among the peaceful and unarmed Spanish fishermen. "Faced with the obvious acts of piracy, the socialist government did not pursue the Polisarios, nor did it file any charges against them".
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In 1985, says lawyer Urdiales, after the machine-gunning of the Canarian fishing boat "el Junquito", and the murder of a sailor of the fishing boat and of a frigate corporal of the Spanish patrol boat Tagomago, which came to its aid, and after the subsequent kidnapping of the crew in Tindouf, "the then president of the government, Felipe González Márquez, reacted cowardly, expelling the Polisario Front from Spain in 1986, agreeing to the closure of its delegations. Of criminal persecution by the courts, nothing at all". It was in that year, Urdiales recalls, that the Polisario representative in Spain publicly stated that "the families of the fishermen will have to choose between hunger and orphanhood".
For the lawyer, "there is no precedent in contemporary history for a nation that claims to be a democratic state governed by the rule of law to allow an organised military group such as the Polisario Front to kidnap and murder 281 of its citizens, all of them civilians and without the possibility of defending themselves. There is no precedent in contemporary history for a government, with full knowledge of these facts, to have abandoned its functions, failing to pursue a group whose actions - murder of defenceless civilians - can only be described as terrorist, despite the fact that the Spanish government, in 2017, publicly stated that the Polisario Front was a liberation movement and not a terrorist group".
Asked if ANYBODY DENOUNCED BEFORE THE JUSTICE OF THE NATIONAL COURT THIS CLEAR CASE OF GENOCIDE - ASSASSINATION OF A CONCRETE NATIONAL GROUP, the lawyer who assumes the popular accusation answers by clarifying that despite the complaint filed on 23 May 2012 in the Secretariat of the 1st Section of the Criminal Chamber of the National Court by two ANTI-TERRORIST ASSOCIATIONS, - ACAVITE AND THE PRESIDENT OF THE AUTONOMIC FEDERATION OF ASSOCIATIONS AND VICTIMS OF TERRORISM OF SPAIN, FAAVTE AND PRESIDENT OF THE ANDALUSIAN ASSOCIATION OF VICTIMS OF TERRORISM - AAVT" no member of the Polisario has been charged.
In the complaint, according to the lawyer, it is stated that there are "281 CANARIAN VICTIMS OF TERRORISM WHO HAVE NOT BEEN TRIED, NOR HAVE THEIR MURDERERS BEEN LOCATED AND TRIED BY THE JUSTICE FOR TERRORIST ATTACKS COMMITTED FROM 1973 UNTIL 1988".
On the other hand, Urdiales continues, six months later, on 14 and 15 December 2012, 42 political parties met in Rome to form the so-called PROGRESSIVE ALLIANCE. (Socialist parties joined by the POLISARIO FRONT with the intervention of the PSOE) and six months later, i.e. on 22 May 2013, the international political organisation called the PROGRESSIVE ALLIANCE was formally constituted under the presidency of Sigmar Gabriel, Vice Chancellor of the Federal Republic of Germany under Angela Merkel, made up of political parties that call themselves progressive, most of them members or former members of the SOCIALIST INTERNATIONAL. Among the participants are the Socialist Union of Popular Forces of Morocco and, representing Western Sahara, the Polisario Front. From this moment the Polisario enjoys the protection of this organisation with great influence in the world and especially in Europe and in the European courts.
Answering the question about who PRESIDED THE FIRST SECTION OF THE NATIONAL COURT ON 23 MAY 2012, WHEN THE VICTIMS OF TERROTISM ASSOCIATIONS FILED THE COMPLAINT, the lawyer points to the current Minister of the Interior of the Government Mr. FERNANDO GRANDE MARLASKA. And when asked what happened to the complaint, he replied: "Well, it is still missing". He was then asked if Judge LASALA had asked about it and Urdiales replied in the affirmative. On 9 July 2021, Judge Lasala of Examining Magistrate's Court no. 7 of ZARAGOZA, in the case he is currently investigating against GHALI, agreed, at the request of the lawyer for the popular accusation, to send a letter to the Secretariat of Section 1 of the National High Court so that they could inform him of "THE COURSE FOLLOWED BY THE SAME (REFERRING TO THE COMPLAINT), AND THE CURRENT PROCEDURAL STATUS, INDICATING WHETHER IT WAS AGREED TO LOCATE OR DETAIN ANY OF THOSE UNDER INVESTIGATION, AND IF SO, WHO OR WHO THEY WERE". But the result is that "to date the Audiencia Nacional has not answered the request" and adds "due to the control that exists over the prosecutor's office, judges and courts "it has not even answered the injunction" and exclaims that "they do not care about skipping the prosecution of the perpetrators of 281 murders, even though all those murdered are Spaniards. That is the situation in which we find ourselves".
To the question "WHAT IS YOUR OPINION ON THE PRELIMINARY INVESTIGATIONS CARRIED OUT BY JUDGE RAFAEL LASALA? the lawyer replies that "the actions of the former Minister GONZALEZ LAYA, covering up the clandestine entry of the terrorist suspect alias BRAHIM GHALI, and violating the Schengen regulations and Spanish immigration laws, is a crime of ENCUBRIMATION provided for and punishable under Article 451.3 a) and b) of the Spanish Criminal Code. What unfortunately happens in Spain, and not only in Spain, is that there are many judges who are more interested in getting promoted and being paid at the end of the month than in dispensing justice".
The lawyer adds that in "the Ghali case, the Socialist government used high-ranking military officers, the most senior officer of the air force, today Lieutenant General, Spain's military representative in NATO and the EU. He was the one who ordered the head of Zaragoza Airport, another general, to allow GHALI and his companions to enter WITHOUT ANY PASSPORT CHECK OR CUSTOMS CHECK" and stresses that only a president of the government can involve TWO GENERALS in a criminal act". But PEDRO SANCHEZ, forgot, that in Spain sometimes, "all Spanish citizens are subject to the Law, including "socialists and communists".
The magistrate judge Mr. RAFAEL LASALA ALBASINI, according to the interviewee, "has been the only judge in the last 15 years to seriously investigate the relations between GHALI and the current Spanish Government, after the entry of Ghali through the airport of ZARAGOZA. He has been the only judge capable of IDENTIFYING the character behind GHALI, the Spaniard GALI SIDI MOHAMED ABDELYELIL". In his opinion, he has been "the only judge to demonstrate that BRAHIM GHALI is an INEXISTENT character. That BRAHIM GHALI is the FALSE IDENTITY of an individual born in the Sahara in August 1948, who lost his Spanish nationality, becoming stateless in 1976 when he did not opt for it within the period indicated by the Law, and who regained his nationality in 2004, when the omnipresent PSOE, under the presidency of Mr. JOSE LUIS RODRIGUEZ ZAPATERO, was governing Spain. Since 2004, with the government of the socialist RODRIGUEZ ZAPATERO, the Spanish intelligence services KNEW PERFECTLY that this GHALI, was a Spanish citizen by origin, after a JUDICIAL file, followed before the Civil Registry Court of VALENCIA, whose resolution was duly registered in the Civil Registry".
Asked about the identity used by Gali in Spain, lawyer Urdiales says that BRAHIM GHALI, arrived in Spain, at the beginning of 1999, with an Algerian Diplomatic Passport, FALSE. He identifies himself as a member of the Saharawi Delegation.
As his diplomatic status in Spain could not be accredited, the PP Government of the time, presided by DOSE MARIA AZNAR, did not recognise his diplomatic status, and obliged him to apply for a RESIDENCE PERMIT. (Resolution of 21-10-1999).
"All this information is contained in the report dated 20/7/2021, issued by the General Intelligence Police Station at the request of JUDGE LASALA. A block of documents examined, including passports used by GHALI to obtain residence permits and Spanish nationality. Also noteworthy are documents such as the birth certificate issued on 6/7/1997 by the Census Centre of the SADR Ministry of the Interior, according to which "GALI SIDI MUSTAFA SIDI MOHAMED, son of SIDI MUSTAFA SIDI MOHAMED, and TECKBAR ABDELJALYL, was born on 16/8/1948 in SAMARA". Ergo, the individual, according to his own documents, is not called BRAHIM GHALI, but GALI SIDI MUSTAFA - in name - and SIDI MOHAMED in surname, which is quite different. More important is the Certificate dated 9/12/2004, where the Saharawi Delegate in Spain, says that : - That Mr. Gali SIDI MUSTAFA SIDI MOHAMED, born in Smara on 16 August 1948 as stated in the initial document of the DNI and Gali SIDELMUSTAFA SIDI MOHAMED, born in BOUCRAA (Sahara), in 1948, as stated in the Minurso and Gali SIDI-MUSTAFA SIDI MOHAMED, born in ALGIERS (Algeria), on 16 August 1949, as stated in the Algerian passport and Gali SIDI MUSTAFA SIDI MOHAMED, born on 16 August 1949 in the Former Spanish Territory, as stated in the census certificate, as well as Gali SIDI MUSTAFA SIDI MOHAMED, born on 16 August 1949, in BUCRAA, son of SIDI MUSTAFA SIDI MOHAMED and TEKBAR ABDELYELIL, are all the same person".
However, the lawyer adds, the CERTIFICATE issued by the Consular Attaché of the Algerian Embassy in Madrid, Mr. ABDERREZAK AMMAM, does not lag behind the previous one. As can be read in another certificate, the said attaché CERTIFIES that Mr. GALI SIDI SIDI MUSTAFA SIDI MOHAMED, born on 18/8/1949, in SMARA, (Western Sahara), holder of Algerian passport No. 0907923, IS NOT OF ALGERIAN NATIONALITY. And he asks "if GALI SIDI MUSTAFA SIDI MOHAMED is not of Algerian nationality, why does Algeria, signatory of the Convention on the Status of Stateless Persons of 28/9/1954, made in New York, not document stateless persons with their real name, surname and place of birth, as Spain does, and instead issues them a passport full of false information?"
In short, according to the lawyer who assumes the popular accusation this GALI SIDI MUSTAFA SIDI MOHAMED, was born in SEVERAL PLACES, on different dates, in SMARA and BUCRAA, in August 1948, acquiring Spanish nationality. A YEAR later - on 16 August 1949 - he was born again, but this time in ALGIERS (Algeria), as stated in his Algerian passport. Finally, not GALI SIDELMUSTAFA SIDI MOHAMED, born in BOUCRAA in 1948, as certified by MINURSO, but SIDI MUSTAFA SIDI MOHAMED, born on 16/8/1949, was born again in ALGERIA.
On the other hand, the passport presented by GHALI, in the file for the granting of Spanish nationality is the ORDINARY one, issued by the Algerian authorities, in favour of GALI SIDI SIDI MUSTAFA SIDI MOHAMED, teacher, born in ALGER on 16/8/1949, given on 29/7/2003, with an expiry date of 28/7/2008. But he also had diplomatic passports.
"In this regard, in the course of ONE MONTH, the Algerian government ISSUED TWO FALSE PASSPORTS IN FAVOUR OF GALI. One diplomatic on 08/10/2003, in favour of BRAHIM GHALI MOUSTAFA GHALI, and the second ordinary, on 29/07/2003 in favour of GALI SIDI MUSTAFA SIDI MOHAMED, expiring on 28/07/2008".
Asked WHAT CONCLUSIONS CAN WE MAKE, the lawyer replies that it has been duly accredited that;
First. It was the ex-minister ARANTXA GONZALEZ LAYA, according to her own cabinet director, CAMILO VILLARINO MARZO, with the approval of the President of the Government, who ordered her cabinet director to coordinate all the actions aimed at allowing the alleged genocidal terrorist known as BRAHIM GHALI to enter Spain in a stealthy and clandestine manner.
"In other words, she ordered that the aforementioned individual, under investigation for GENOCIDE, TERRORISM AND TORTURE in Spain, enter together with his son WITHOUT THE NEED TO IDENTIFY HIMSELF OR EXHIBIT ANY DOCUMENT OF IDENTITY. The resigned and investigated minister argues that before landing she was informed by an Algerian official that GHALI was travelling with an Algerian diplomatic passport, and that her son had a residence permit".
2º. That, in order to carry out her purpose, according to the ex-minister's own statements, she contacted a representative of the Algerian government, who refuses to identify herself, in order to facilitate GHALI's entry through the military airport of ZARAGOZA.
3º. That in order to coordinate the officials who would allow the entry of GHALI and his son, the former minister ordered her chief of staff, CAMILO VILLARINO MARZO, to contact Lieutenant General D. F.F. S, 2nd Chief of the High General Staff and today Spain's Military Commander in NATO and the EU, so that he could communicate with the also promoted BRIGADIER General, Chief of the ZARAGOZA Air Base, in order to "allow access to Spain, WITHOUT ANY IDENTIFICATION REQUIRED AND WITHOUT THEIR LUGGAGE BEING HELD BACK, making a mockery of national laws on foreigners and the Schengen Regulation itself. There are no grounds for justification in the regulation or in the law. GONZALEZ LAYA's statements, justifying the act as a "decision, a political act", have no place even in the most uncivilised banana republic. IT IS NONSENSE for the ignorant".
4º.- After contacting the aforementioned commanders, the 2nd Chief of Staff of the Air Force, Lieutenant General FFS, contacted the Chief General of the Base on 18 April 2021, ordering him to allow the access, WITHOUT ANY CUSTOMS CONTROL, of an individual occupant of a diplomatic flight from ALGERIA. The General claims to be unaware of the identity of the occupant, although the director of Cabinet and investigated, CAMILO VILLARINO MARZO, did know that it was the alleged genocidal terrorist known as BRAHIM GHALI.
5º.- It is proven by the declarations of the ex-minister GONZÁLEZ LAYA that this trip of GHALI and son to ZARAGOZA was prepared on the 15th, 16th and 17th of April 2021, although the alleged terrorist and the Algerian authorities waited until the 18th of April 2021, (Sunday), to make the flight from Algiers to Zaragoza, issuing at the last moment a FALSE PASSPORT IN THE NAME OF MOHAMED BENBATOUCHE, thus avoiding any last minute leaks.
6º.- It has been proven that the doctor who was on the flight from Algiers travelled to Logroño together with Ghali and his son in the Riojan ambulance. Investigations into this are currently underway.
7º.- It is also proven that, in execution of the plan (to admit GALI to a prestigious public hospital for treatment of the COVID 19 he was suffering from), the president of the Community of La Rioja, Ms. C.A., ordered her chief of staff to send an ambulance from the Health Service of La Rioja to the military airport in Zaragoza to bring the patient to the San Pedro San Millán Hospital in Logroño, where he had a room reserved for him.
8º.- In relation to the above, it is proven that a person, as yet unidentified by the hospital admission officer, after the arrival of the ambulance at Logroño Hospital, at around 9 p.m., provided the ambulance with a photocopy of the patient's passport in the name of MOHAMED BENBATOUCHE, and also signed a document in which he undertook to pay the hospitalisation costs.
It is evident that nobody has paid for the hospitalisation expenses, nor the transfer by ambulance, so that the alleged terrorist has benefited from Spanish hospital services FREE OF CHARGE.
9º.- It is also proven that after being discovered the presence of the Polisario leader by the newspaper Jeune Afrique on 22nd April 2021, the judicial police (General Commissariat of Information) went to the hospital San Pedro de Logroño, identifying Benbatouche as Brahim Ghali and then (7-5-2021), as GALI SIDI MOHAMED ABDELYELIL, a Spanish national with an ID card issued in December 2004.
It is fully proven that this BRAHIM GHALI, entered Spain for the first time in 1999, as a representative of the Polisario Front, EXHIBITING A DIPLOMATIC PASSPORT issued by the Algerian authorities, pretending to have diplomatic status without achieving it. His status as a representative of the Polisario Front is not considered DIPLOMATIC by the Spanish state and he obtained a temporary residence permit in 2000 under the General Regime without the right to work, and after the initial residence permit, a permanent residence permit in 2004, date on which he applied to regain his original nationality, i.e. Spanish nationality, which is the one he currently holds.
The passport he was carrying was issued by the People's and Democratic Republic of Algeria, and was totally and radically false in that it stated that:
- BRAHIM GHALI MOUSTAFA, issued on 08/10/2003, and valid until 07/10/2005, was born on 16/08/1949, in ORAN.
- However, in his application for RESIDENCE, he claimed to have been born in SMARA (Ex Spanish Sahara), and to have ARGELIAN nationality.
Therefore, the fact that the ex-minister and her director general stated before the judge that GHALI was travelling with an Algerian diplomatic passport is groundless, because even if this were the case, he and his son SHOULD HAVE presented their passport and passed through the luggage register like any other traveller coming from third Schengen countries.
11.- The investigations to date have confirmed that GHALI and his son not only failed to comply with the rules of the Schengen Code, but also with those of the military airport of Zaragoza, which requires checks on all travellers on military flights from third countries, as stated by the Brigadier General and head of Zaragoza Airport.
12.- The allegation by the investigated ARANCHA GONZALEZ LAYA that the entry was legal because it was a political decision does not merit further comment. Spain is a state governed by the rule of law and no one is above the laws and even less above the regulations applicable to Schengen members.
13.- The responsibility of a person entering and using a false identity document, in this case a passport in Spain, is defined in art. 392.2 of the Penal Code which punishes with a penalty of PRISON OF SIX MONTHS TO ONE YEAR AND A FINE OF THREE TO SIX MONTHS, ANYONE WHO KNOWINGLY USES A FALSE IDENTITY DOCUMENT". In this case GHALI, because, although he was on a stretcher, he was perfectly aware of the falsity of the identity document issued by Algeria in favour of Mohamed Benbatouche with his photograph.
Responsible for NOT PURSUING THIS CRIME, according to art. 408 of the Criminal Code, is the officer of the General Police Station of Information, who on 4 May 2021 went to the Hospital of Logroño and knowing of the existence and use of this passport, DID NOT COLLECT IT and left it in the possession of GHALI himself.
In relation to the question: How do you see the escape of the Polisario leader from the torture crimes he committed in Spain and Morocco also in the seventies and eighties? The answer, "during this period, the Polisario Front murdered 281 Spanish citizens, most of them fishermen from the Canary Islands and other Spanish regions, for the simple fact of continuing to fish in waters that the Polisario Front believed belonged to them". The socialist government, presided by FELIPE GONZALEZ, during the period 1982 to 1996, allowed these MURDERS and far from prosecuting the perpetrators, it sheltered them in Spain, authorising the opening of different delegations of the Polisario Front, until, in 1985, the Polisario attacked a fishing boat, murdering two members of its crew and kidnapping the rest. The trawler was called the Junquito. After the patrol boat TAGOMAGO came to its aid, the Polisario commando machine-gunned the vessel, killing one of its crew. At that moment, the president of the government, FELIPE GONZALEZ MÁRQUEZ, flew into a rage and ordered the expulsion of the Polisario members and the closure of their installations.
"That is to say that, after the MURDER OF 281 civilian and defenceless Spaniards at the hands of the Polisario, as well as 10 other Sahara legionaries during the years 1974-1976, the Spanish governments, worried about national terrorism (ETA), stopped persecuting the Polisario and ordered the expulsion of the members of the Polisario, (ETA), stopped pursuing international terrorism (Polisario Front), and the PSOE Government presided by President Gonzalez, not only did NOT PURSUE THOSE CRIMES, but gave shelter until 1985 to the MURDERERS OF THE POLISARIO FRONT".
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