The proven facts of the sentences against Ahmed Tommouhi argued that one night in November 1991 he violated a young woman of no more than … 15 years, while his henchman did the same with another, after intimidating and assaulting them, to them and their friends, with bars. «They were beaten and stolen from money and what they carried. Ahmed penetrated vaginal and anally to one of the young women, while the other prosecuted did the same with the other, ”the court that condemned him determined. “A few hours later they approached the couple that was inside a vehicle (…) they hit and immobilized the boy, and the two defendants penetrated it vaginally.” Tommouhi arrived by the authorities for the resemblance of his car with which the victims described. Then, the three sexually assaulted girls and the male who accompanied the one in the last event, identified him in a recognition wheel and the oral trial. The other half witnesses failed to identify him. He was accused of three different episodes of sexual aggression. Those of Tarragona and another in Olesa (Catalonia) in 1991, and a third in Cornellá. Court in different judgments, he was convicted between 1992 and 1994.
The supreme indicates in the review of the final judgment that there were factors that border on racism, even if it is unconscious: «In the area a series of violations accompanied by robberies that responded to the same modus operandi have taken place. Violations in all cases starring men with a marked physiognomy. A physiognomy that, together with special speech characteristics, guided the investigations to Arab men, leaving open research roads towards other horizons ». The defendant had also walked handcuffed in front of those who then identified him in the recognition wheel.
Condemned to 27 years in prison for each violation with the use of weapons and as a necessary cooperator of two, plus another 14 for violation via anal and 16 for two crimes of illegal detention, Tommouhi added more than 100 years in prison in total.
Bad coincidences
«Four years after the aforementioned facts there was a second wave of violations whose authors acted with the same modus operandi. Within that framework, Antonio García Carbonell was arrested in 1995, which indicated the aforementioned report presented a physiognomy similar to that of Mr. Tommouhi, as well as a speech likely to be confused (Arabic the latter and fell Mr. García Carbonell), ”says the Supreme Court in a sentence released on Monday afternoon. As if that were not enough, the car used by Carbonell was similar, in model and color, that of Tommouhi. There was also a “great physical resemblance.” However, his situation did not vary and continued in prison. He was 15 years between bars.
Claming for his innocence began condemnation review processes. In 1997 and 2023, two sentences were annulled “based on the retraction of a victim and the biological tests that ruled out the participation of the appellant,” explains the Supreme Speaker Ana María Ferrer García.
Now he is exculpated by the third penalty that was still in force, thanks to the fact that “the space-temporary closeness with those and the similarity of the modus operandi contribute an exceptional relevant”, despite not having the retraction of the victims or scientific evidence, justifies the highest court.
“The review is an exceptional appeal by having the revocation of firm sentences and thus attempt at the beginning of a judged thing,” maintains the sentence. “It implies the instability of those people who have been convicted with noticeable mistake or error, so that its purpose is aimed at prevailing, on the final sentence, the authentic truth and, with it, with it, the material justice on the formal.” He pursues, he says, “the necessary balance between the demands of justice and those of legal certainty.” Finally, Tommouhi no longer has pending accounts with justice that he should never have.
