IRINA TSUKERMAN, Esq.

Attorney at Law

Attention of: the Investigating judge of the National Hearing in Madrid, Santiago Pedraz Gómez

Your Honor,

As a human rights lawyer who have had an opportunity to interview witnesses and survivors of Polisario prisons and torture in camps, and who has had to testify on behalf of these voiceless victims of repressive and inhumane crimes before the Fourth Committee in October 2018, I write to you to express a grave concern regarding the June 1 hearing of the Brahim Ghali case.

Should the Algerian soldier Brahim Ghali alias "Benbattouche" escape justice? I do not have to dwell on the context and the parties involved in what has become a matter of state between , Spain and Morocco. These political issues are far beyond the matter in front of the Court; however, the stakes of the legal outcome in this mater are high; if Ghali escapes scrutiny, the repercussions of it will cast a shadow over the relations between the three states and the stories of all the other victims who have been threatened against coming forward to report on their experiences.

The circumstances of the admission of Brahim Ghali, separatist leader of the Polisario in Spain under a false identity and an Algerian diplomatic passport for humanitarian reasons according to Madrid are known. The case evolved into a political crisis between Rabat and Madrid. In addition Ghali was caught by a Spanish legal procedure for the reasons of rape, torture, and kidnapping of citizens of Spanish nationality. These cases are relevant both to the issue of Spanish sovereignty and to the wider international concerns of universal justice for what amounts to war crimes. One need not take sides with any party in the political dispute to recognize the implications of allowing human rights violators to escape punishment for abuse of the powerless and the vulnerable.

Tuesday, June 1, 2021, Ghali must answer for his crimes in Spanish courts. The course of criminal proceedings in criminal matters may not derogate from the rule according to the status of the accused. But the sanction will be aggravated with the issue of premeditated falsification of identity to evade Spanish justice. That said, the case of Private Ghali alias "Benbattouche" is not just a matter of normal judicial procedure. The status of the suspect and the parties involved make this a legal-political imbroglio. This entanglement which complicates both the diplomatic and the judicial processes must be clarified to ensure that neither is tainted.

The operation to transfer Private Ghali was prepared and orchestrated secretly between the Algerian secret services and their Spanish counterparts without informing Morocco. His transfer as an Algerian citizen with a false Algerian diplomatic passport was in an Algerian military plane in agreement with the Spanish authorities. However, the failure of this operation is to be put on the credit and vigilance of the Moroccan secret services. The affair turned into a diplomatic crisis between Rabat and Madrid, resulting in recalls of ambassadors for explanations and consultations and by publication of official press releases.

The political dimensions of the scandal threaten to overshadow the equally legitimate human rights concerns. It is rather unspeakable that a fugitive from justice would rely on the services of intelligence agencies to evade accountability for criminal issues involving Spanish citizens, which have had no relevance to whatever value Mr. Ghali has presented to the concerned governments. This must not stand. The issue of false identities, too, has significant security implications for the security of all involved.

Spain could not convince its strategic partner, Morocco, to ignore this crime given that it required planning and involved a criminal collusion of interests, which amount to a criminal conspiracy. This matter should be of concern to the Court as it relates directly to the criminal cases in the instant matter. Not only do these measures are likely to harm the confidence and the best interests of the two countries, but they violate the Spanish laws concerning the use of fraudulent documents. The statement by Morocco's foreign ministry recalled the genesis of the case and the real reasons for the crisis. The case of Private Ghali and the marginal incident of immigration and the entry of some Moroccans into the occupied city of Ceuta has been rightly qualified insignificant compared to the gravity of the operation prepared and executed by and Madrid, and in particular the attempt to cover up the grotesque crimes against humanity of which the defendant stands accused.. The door opened by the diplomatic terms of the Rabat declaration has not been echoed suitably in Madrid. The political echelons of Madrid appear to be using political measures to help Algeria cover up for Ghali’s abuses, to pressure the judiciary, and to escape criminal liability. As a human right lawyer, I appeal to Your Honor on behalf of Ghali’s helpless victims to exercise independent judgment, to ignore any political pressure and distracting maneuvers, and to allow these victims a just day in court.

Kind regards,

Irina Tsukerman, Esq.

+1 (917) 755-5977 [email protected] 130 Oceana Dr. W., Suite 1J Brooklyn, NY 11235