The Alicante Provincial Court reviewed the earlier ruling that overturned a prison sentence issued by an Instruction Court on grounds of insufficient motivation and because essential information in the case file had not been shared with the defense. The court determined that the initial decision left seven individuals accused of drug trafficking without the tools to properly defend themselves. Some of these defendants are represented by U.S. counsel, including Jose Soler Martin and Miguel Angel Franco, who have been in precautionary custody since late July after being detained by the National Police in Alicante. A number of the detainees were later released by the Supreme Court after an appeal against the warrant, while others were released by the lower court after a favorable verdict from the Tenth Circuit, though the summary has yet to be declassified. The court ruling described the earlier order as invalid.
The defendants released from prison were all male and, with the exception of one, of North African or Hispanic heritage. They are required to appear in court every two weeks under an injunction imposed by the court. The case judge who ordered the releases indicated that the Tenth Chamber welcomed the detainees’ freedom and recognized the right to effective judicial protection, a principle that can sometimes create vulnerabilities for the prosecution. Nevertheless, the magistrate asserted that the cases under review still carry the hallmarks of drug trafficking offenses and are linked to a criminal organization.
In its decision, the Court noted that the conviction did not disclose the full factual record. It highlighted that the summary nature of the proceedings limits disclosure while not justifying the concealment of all factual and legal grounds. The Cassation Court emphasized that the notification to the detainee must include elements essential to enabling a proper defense.
Defense counsel reported ongoing difficulties in mounting a case when crucial evidence collected by police remains inaccessible due to the secrecy surrounding the investigation. Independent sources close to the matter indicated that the anti-drug operation took place in July and that the National Police reportedly seized a quantity of cocaine during the operation, with some parties allegedly involved minors.
The seven drug trafficking suspects have, in at least two separate instances, benefited from appeals led by attorney Francisco Miguel Galiana Botella. A separate recent case involved a detainee from Denia linked to a high-value theft incident in Ibiza, where a figure known for his wealth may have faced a release after a large cocaine seizure was traced to an industrial facility in La Nucía. These developments underscore ongoing tensions between investigative secrecy, defendants’ rights to timely and complete disclosure, and the scrutiny of judicial decisions in drug trafficking prosecutions.
As observers note, the legal process in such cases often travels through multiple jurisdictions and involves complex issues about disclosure, evidentiary standards, and the balance between security concerns and the right to a robust defense. The present sequence of rulings demonstrates how higher courts can recalibrate initial judgments to ensure due process while preserving the integrity of ongoing investigations. Attribution: court records and reporting from court observers.