The Spanish government is in breach of its penal code, "Ghali" an illegal immigrant in Spain

Morocco has demonstrated the predominance of its intelligence and security institutions over those of Algeria and Spain by revealing to the world the manoeuvre of the Algerian rulers and Spanish government officials to conceal the entry, with a false identity and passport, of an individual sued by the Spanish justice system for crimes against humanity.

Morocco expressed its protest to the Spanish government for having received an individual considered an enemy of Morocco and responsible for killing and torturing several Moroccans. And also because this same government has used a false official document of the Algerian state to hide the identity of the so-called "Ghali", knowing that he is being prosecuted for crimes against humanity before its courts, and that he has an open file before the examining magistrate for the complaints filed.

Morocco's protest at the Spanish government's conduct is based on diplomatic practices that require friendly countries not to receive enemies of the other state on their territory. And in the worst cases, to warn them of what they are going to do by giving appropriate explanations through diplomatic channels. Above all, because Spain's relationship with Morocco is historically deeper and its interests are more important than those of the so-called "Ghali" and his followers. Indeed, Spain considers Morocco to be its primary economic partner.

However, recent events have shown that neither Algeria's rulers nor the Spanish government know anything about Morocco and its institutions, particularly intelligence and security institutions.

The attempt to 'dismiss' Morocco by falsifying the identity of the so-called 'Ghali' has given both countries a historic slap in the face that they will never forget. Democratic Spain must be accountable to its citizens, its men of law and its politicians. As for Algeria's rulers, they will describe the forgery of official Algerian state documents as a heroic act in defence of the people, as they are wont to do.

What makes the matter even worse is that the Spanish government not only received an individual wanted by the Spanish justice system for crimes against humanity, but ordered the stamp of the Spanish state, which represents the sovereignty of the Spanish people, to be affixed to a passport that it knew to be a forgery.

The Spanish government cannot deny its knowledge of Ghali's false identity and the falsification of his passport because it has confessed to this when it declared that it had received him for humanitarian reasons. Thus Spain has made a double confession, on the one hand its knowledge of the false identity of the person in question and on the other hand the falsification of his passport.

If Spain had received him for humanitarian reasons and not for some other benefit, why didn't he enter the country with his real name and passport? If he had one.

From a legal point of view and according to the Spanish Penal Code, the Spanish Government has committed an offence under Article 451, paragraph 3, of the Spanish Penal Code, which provides for "a prison sentence of 6 months to 3 years for any person who helps those allegedly responsible for a crime to evade investigation by the authority or its agents" in crimes against humanity, crimes against persons, armed conflicts and terrorism.

Now that the Spanish government itself has confirmed that the Spanish justice system will question the so-called "Ghali" on 1 June 2021 in relation to the complaint filed against him, in which he is accused of having committed crimes against humanity, there are sufficient arguments to state the following; 

1. The official recognition by the Spanish Government that the so-called "Ghali" is the person who was received in Spanish territory and not the person who appears in the passport used by "Ghali" to enter Spain from a Spanish airport.
2. The Spanish Government's acknowledgement that, knowing that the person who presented himself to customs at the Spanish airport did not correspond to the person who appeared on the passport, the customs office representing the Spanish State stamped his passport.

The fact that the Spanish Government affixes the State stamp on a passport knowing it to be false is not only incriminating for the bearer of the passport, but constitutes proof of the involvement of the State and the officials who gave the order in an offence punishable under Article 451, paragraph 3, of the Spanish Penal Code. The concealment of a person being prosecuted for a serious crime is considered a crime under Spanish law as well as under the laws of all democratic states, and also under Moroccan criminal law.

For all these reasons, the world is waiting to see what the Spanish judiciary will do. For not only will it investigate the so-called "Ghali", but it is also aware of the Spanish government's involvement in concealing an individual accused by the justice system in order to avoid his appearance, after having stamped a false passport that it knew did not correspond to the identity of the so-called "Ghali".

Morocco now has the right to know the decision of the Spanish judiciary against: 

• Those who contributed or participated in hiding the so-called "Ghali", being prosecuted before the Spanish courts.
• Those who forged and used the false passport used by "Ghali".
• Those who ordered the stamp of the Spanish State to be affixed to a false passport, knowing that it was forged. 

Morocco has the right even to know how the so-called "Ghali" will be provided with the legal document that will allow him to leave Spain, since the false document with which he gained access will be handed over to the examining magistrate.

In addition, the Spanish government now has another problem because "Ghali" is in Spanish territory as an illegal immigrant, who entered Spain with a false passport. In this case, Spanish law stipulates the following:

• The judiciary is obliged to seize the false passport.
• The judiciary is obliged to apply the law that applies to illegal immigrants and deport, in this case, "Ghali" to his home country.

Given that the only country of the so-called "Ghali" is Morocco, as he has no other country recognised by the United Nations and neither by the Spanish state, the Spanish jurisdiction is in a dilemma due to the Spanish government's handling of the case, which came as a surprise to Morocco.

When Morocco warned the Spanish government that if it allowed the so-called "Ghali" to leave in the same way he entered, i.e. with false documents, its behaviour would be even more serious, it is because Morocco has evoked the legal situation of the so-called "Ghali" in Spain, as an illegal immigrant who entered with a false passport.

In the event that the Spanish government intends to find a solution to transfer the so-called "Ghali" to Algeria, the parliamentarians who are present in Morocco as observers to ensure the transparency of Moroccan justice, especially in the southern provinces, should rather go to the headquarters of the Spanish judiciary to demand that Spanish criminal law be applied to the Spanish government and that the law on illegal immigration be applied to the so-called "Ghali".

As for protesting against the Moroccan judiciary, Moroccan jurists have already taken it upon themselves to do so. In fact, in the entire history of Moroccan justice, they have never allowed the independence of the judiciary to be abused.