Provincial Court announced the cancellation of a prison sentence this Monday after an agreement reached on 18 October. Five detainees faced imprisonment due to gun and machete clashes between Algerian gangs trying to control crime in Alicante. The court considered objections raised by the defense in separate orders issued by the Third Division. The defense team, led by José Luis Sánchez Calvo, processed the press release on behalf of the two detainees and confirmed the developments.
The Third Division reviewed the allegations and found fault with the motive behind the 18 October imprisonment order, labeling it as a decision that lacked justification and caused vulnerability for the appellant, who did not understand the reasons for his deprivation of liberty. The evidence presented at the time did not clearly support the detention, according to the court’s assessment.
The Provincial Court also noted the prison appearance was marked by silence and an absence of engagement with the defense’s arguments. It stated that the address where the detainee was held belonged to his son, who said he would take responsibility for him on August 16.
Police operations remain active. While authorities pursued a dozen individuals who may have fled abroad, the operation yielded a large cache of sensitive documents. Investigators recovered approximately 17 kilograms of ecstasy (MDMA), antipsychotic drugs, four firearms, knives used in assaults, and tools linked to house robberies.
Crimes
The charges against those investigated and detained include drug trafficking, injuries, membership in a criminal organization, violent robbery, illegal possession of weapons, illegal detention, kidnapping, and assisting illegal immigration. The degree of participation for each person involved is considered in accordance with the applicable legal framework.
According to the order that ordered the immediate release of the two detainees represented by Sánchez Calvo, the defense argued for the annulment of the prison sentence due to a lack of motivation. The defense contended that the legal basis appeared generic and failed to address the specific questions raised in the articles of law involved.
The Alicante Court recalled constitutional doctrine indicating that motive must be demonstrated as an essential element in judicial decisions that lead to imprisonment. It emphasized that orders or penalties issued by the courts should be accompanied by a clear justification to allow proper scrutiny by the defense.
Regarding the third part of the decision, the court found the original motivation to be lacking. It noted that there was no specific oversight described, and the evidence of the conducted surveillance and searches was unclear. The court added that details about when and where the searches occurred, who occupied the houses, and what items were seized remained undisclosed.
New View
Although the Provincial Court opted to annul the prison sentence and release the two detainees, it did not close the door on further investigative steps. The court indicated that the investigating judge could issue a new view of the case and determine any reasonable measure needed to proceed with the investigation.
The residence of one of the released individuals became the site of a notable police discovery, where investigators secured a substantial stash of ecstasy pills. The episode underscores the ongoing nature of the inquiry and the potential for additional developments as the investigation advances.