The Provincial Court of Málaga has ordered the reopening of the investigation into the death of Haitam Mejri during a police intervention at a locutorio in Torremolinos. The judges believe that the previous instruction was insufficient and demand new proceedings, including a forensic report analysing the videos of the incident.
The Provincial Court of Málaga has turned the case of Haitam Mejri, the young man who died on December 7 during a police intervention at a locutorio in Torremolinos, on its head. In an order dated June 30, the judges of the First Section have ordered the reopening of the investigation that the investigating judge had archived in April. They believe that not enough was investigated, especially in light of the footage recorded by the local cameras and the taser devices.
Key Videos to Clarify the Death
The judges have viewed the videos and are unequivocal: "You can see how the events unfold: the police action, the situation in which the deceased was during the restraint, the position of the officers on him, the taser discharges made, how the deceased is losing his breath, and the moment when resuscitation is attempted." The order recalls that both the Constitutional Court and the European Court of Human Rights require a thorough investigation into deaths in police custody.
The Court orders the judge to carry out new proceedings, including a supplementary report from the Institute of Legal Medicine (IML). But with one key condition: that the forensic experts have access to the intervention videos, which show how Haitam is struck, restrained by the neck and torso, and electrocuted with between seven and eleven taser shots. Until now, the forensic experts had not seen those images.
Family's Report Points to Police Action
The private prosecution, representing Haitam's family, has submitted an expert report concluding that the police intervention was decisive for the death. This document details that the corpse had 86 injuries. Now, the Court wants a contradictory statement to be taken between the IML experts and the family's expert, Aitor Curiel, to confront their conclusions.
The order emphasises that when someone dies during a police intervention, "while already detained," a "thorough and effective investigation" is required. The judges believe that the archiving was premature and that the judge generically rejected the proceedings proposed by the family, which violates the right to defence.
A Case that Shocked Torremolinos
The death of Haitam Mejri, a 27-year-old man, caused great shock in Torremolinos and mobilised community and anti-racist groups. The intervention took place at a locutorio in the town centre, where officers responded after a call. The images, subsequently released, show an action that has been questioned by the family and human rights organisations.
For the residents of Torremolinos, this reopening represents a glimmer of hope for justice. "We want to know what really happened and that it does not go unpunished," stated a spokesperson for the citizens' platform supporting the family. The case has highlighted the protocols for the use of taser guns and the training of officers.
The Court has been clear: the investigation must be thorough, and the videos are a fundamental piece. Now, the investigating judge must resume the case and carry out the ordered proceedings. The next step will be the supplementary report from the IML, which must determine whether the police action influenced the death. Developments are expected in the coming months.
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