rapid self-implantation
The Criminal Division of the National Court affirmed that retaining its judgment was appropriate in the case involving the suspected jihadist linked to a deadly attack in Algeciras on January 25. In his testimony before the National Court, the accused declared that if released he would target more people connected to Satan, calling them enemies of Islam.
The matter reached the Chamber on appeal filed by the defense. Yasin Kanjaa contends that the alleged acts do not fall within terrorism crimes, that the accused has roots and therefore presents no risk of flight, and that the measure is exceptional and justified by the conditions required for such detention.
As the Chamber noted in its February 7 order, which Europa Press accessed, the defense argued that the final decision relied on unprovable reasons and that detaining the suspect pretrial would be unwarranted. This line of argument contributed to the cancellation of pre-trial detention in the prior stages.
After the objection was accepted, the prosecutor challenged the defense, arguing that the accused participated in the events and that the attack was extremely serious. The prosecutor maintained that it was a crime of willful manslaughter with two degrees of intent, that there was a real risk of flight, and that the defendant might commit further offenses if released.
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Having set out these reasons, the Chamber affirmed that the events under investigation were “extremely serious” and, even without considering terrorist motives, carried penalties that could reach the most severe thresholds defined in the Criminal Code.
It supported the investigating judge Joaquín Gadea’s decision, which cited reasons for provisional admission of a terrorist offense based on demonstrations and Kanjaa’s activity on social networks. This enabled the inference of rapid ideological self-indoctrination preceding the violent acts and aligning with the profile of a terrorist organization.
Direct witnesses and video footage corroborated the events, and the accused himself admitted his conduct in his statement to the investigator, describing his motivations in his own words.
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Emir stressed that he admitted aiming to kill individuals he considered aligned with the Devil because they were seen as anti-Islam or anti-Muslim.
The court noted that Gadea’s reasoning described how the act was committed with intention and awareness, motivated by radical religious belief, using a large knife concealed under clothing.
The indictment details the assault, including how Kanjaa retrieved a large machete from a hidden area in his home and concealed it under his dark djellaba. He described in detail the sequence of attacks conducted at the scene.
The opinion also notes that the attacker turned off his phone during the assault to avoid geolocation and that he visited two churches, selecting them for their perceived significance to Islam with the aim of killing the priests there.
Concerning the accused’s origin, the Chamber emphasized that the defendant is a 25-year-old Moroccan national without a residence or work permit and with no clear proof of roots in the area, which weighed on the assessment of risk. Yet the Chamber concluded that preventive detention remained warranted given the risk of recidivism and the demonstrated intent to pursue similar violent acts, a view the court recorded as openly stated by the defendant without signs of remorse for the victims.
It was added that the defendant legitimized his actions by referencing Satan and a belief that God had tasked him with carrying them out. The Chamber summarized the agreed-upon facts, noting the stated goal of killing more people and the risk that releasing him would worsen the situation since calm had not been achieved.
The court concluded that the danger was excessive and incompatible with life in freedom or with any other preventive measure that would prevent the defendant from fulfilling his overtly murderous aims, even as his defense claimed otherwise.
the story of the truth
According to the decision’s recitals, the judge entered the home of the alleged jihadist Yassine Kanjaa around 6:30 p.m. on January 25 and proceeded to search the residence. He then went to the Church of San Isidro in Algeciras (Cádiz) and began a confrontation with those present, declaring that Islam was the only religion to follow, according to police reports cited in the document.
Witnesses reported that Kanjaa spoke in Arabic from inside the church, which was heard by people outside as well. In the ensuing moment, he viciously attacked the priest with a large machete and seriously wounded him.
According to the account, Kanjaa then attempted to strike another witness, fled the church, and moved toward the nearby Virgin La Palma sanctuary. There, he encountered the priest of that church, who exited through a back door, and Kanjaa launched additional attacks, inflicting further injuries.
Police descriptions indicate the Sacristan attempted to flee toward Plaza Alta but was stopped in the crowd. The assailant then delivered a final fatal blow with the weapon, while shouting phrases in Arabic that included references to Allah.
Afterwards, the assailant calmly moved toward a vehicle known as the hermitage and attempted to re-enter the area despite police efforts to arrest him locally in Algeciras. He was eventually taken to a medical facility for treatment, where he is reported to have shouted Allahu Akbar multiple times.