The Spanish Supreme Court has ruled that the state must pay Ahmed Tommouhi, a Moroccan construction worker who was wrongfully imprisoned for 15 years, 2.5 million euros in compensation for damages and injuries. This decision marks a significant legal milestone, as it recognizes the existence of a clear and qualified judicial error in his case. The ruling comes after years of legal battles and appeals, during which Tommouhi was initially convicted of multiple sexual assault charges but later found innocent due to new evidence.
The case dates back to November 1991, when several incidents occurred in the towns of La Secuita and La Bisbal in Tarragona. These were part of a series of similar cases in the region around that time. Tommouhi was accused of committing two sexual assaults and other crimes in these areas, leading to a conviction that resulted in a total prison sentence of nearly 40 years. However, in 1997, the Second Chamber of the Supreme Court overturned one of his convictions related to an incident in Olesa, where he had been sentenced to 51 years. It wasn't until 2023 that the Supreme Court also annulled the conviction stemming from the incident in Cornellá, where he had received a sentence of 24 years and 22 days.
Following this annulment, Tommouhi sought compensation from the Ministry of Justice, requesting 3.6 million euros plus interest. His request was denied, prompting him to pursue legal action through the courts. The National Audience initially rejected his claims, stating that for compensation to be granted, there needed to be both an unjustified provisional detention and a judicial error. They argued that the Barcelona Provincial Court did not ignore the critical forensic report, which showed that Tommouhi's genetic profile did not match biological samples found on the victim’s clothing.
Despite these arguments, the Supreme Court's Contencioso-Administrative Chamber has now determined that the failure to consider the forensic evidence constitutes a structural flaw in the evaluation of the evidence, qualifying it as a judicial error under existing jurisprudence. The court emphasized that the absence of this crucial piece of evidence directly impacted the formation of the judicial conviction, thereby fulfilling the requirement for a prior declaration of judicial error.
Ahmed Tommouhi, now 75 years old, spent almost two decades behind bars for crimes he did not commit. He was detained in Terrassa in 1991 and faced accusations of multiple sexual assaults and robberies. Despite attempts to present DNA evidence proving his innocence, these efforts were unsuccessful at the time. By the time the Supreme Court annulled his most substantial conviction, he had already served his sentence, while another suspect, who was later proven innocent, had died in custody.
The legal battle for compensation began immediately after the annulment of his conviction. Initially, the National Audience rejected his claim, citing the lack of a clear judicial error. However, the Supreme Court has now corrected this stance, acknowledging that the error made by the Barcelona Provincial Court was decisive in Tommouhi's wrongful imprisonment. The court highlighted that the period of incarceration was exceptionally long and had a profound impact on his personal life, including severe emotional distress and loss of vital opportunities.
The Supreme Court's decision underscores the importance of considering all relevant evidence in criminal proceedings. In this case, the failure to properly evaluate the forensic evidence led to a miscarriage of justice. The court noted that the suffering experienced by Tommouhi exceeds typical scenarios of unjust imprisonment, emphasizing the need for adequate redress for such extreme cases.
The ruling sets a precedent for future cases involving wrongful convictions, establishing that even if the initial conviction is later overturned, the state can still be held responsible for the damage caused by the judicial error. This decision reflects a broader recognition of the rights of individuals who have been wrongly convicted and highlights the necessity for thorough review of all available evidence in judicial processes.
The outcome of this case will likely influence how similar cases are handled in the future, reinforcing the principle that justice should be seen to be done, even many years after the initial trial. For Tommouhi, this ruling brings a measure of closure and acknowledgment of the injustice he endured, though the emotional and physical toll of his experience remains deeply felt.
5 reports
El MundoIndependent🔒CenterFactual 100Objective 9020 days agoThe Supreme Court has ruled that the Spanish state must pay 2.5 million euros in compensation to Ahmed Tommouhi, who spent 15 years in prison for rape charges he was later acquitted of due to a judicial error. The court overturned a previous decision by the National Court that had denied compensation, stating there was a 'qualified mistake' characterized by the omission of an objective forensic test, which was incompatible with the incriminating hypothesis and could have determined the verdict.
Bias read (Center): The article presents a factual summary of a legal ruling without overtly favoring any political side. It focuses on the judicial process and the court's reasoning rather than taking a stance on broader political issues.
Why these scores (Factual 100 · Objective 90): This article provides detailed legal reasoning from the Supreme Court's decision, including specific terms like 'equivocación cualificada' and the grounds for overturning the previous ruling. It is highly factual and maintains a neutral tone throughout.
ABC (España)IndependentCenterFactual 98Objective 8020 days agoAhmed Tommouhi was wrongfully imprisoned for nearly two decades for rape charges he did not commit. Three years ago, the Supreme Court overturned one of his convictions, citing an overlooked forensic report showing the semen found on the victim's clothing did not match his. Recently, the Contentious-Administrative Chamber ordered him to be compensated with €2.5 million for damages and distress. His lawyer, Celia Carbonell, stated that Tommouhi's first reaction was gratitude, saying simply 'Thank you, Celia.'
Bias read (Center): The article presents the facts of the case without overtly favoring any political side. It focuses on the legal process and the outcome for the individual, using neutral language and quoting the lawyer's statement without apparent bias.
Why these scores (Factual 98 · Objective 80): The article accurately summarizes the case and the compensation awarded. However, it leans slightly towards the victim's perspective with phrases like 'por fin se ha hecho Justicia' and mentions the emotional reaction of Ahmed, which may affect objectivity.
elDiario.esIndependentCenterFactual 95Objective 9020 days agoThe Spanish Supreme Court has awarded Ahmed Tommouhi €2.5 million in compensation after he spent 15 years in prison for rapes he did not commit. The court ruled that his conviction was 'unequivocal and qualified' due to the failure to consider forensic evidence showing he was not the perpetrator. His genetic profile did not match biological remains found on the victim's clothing. This is the highest compensation ever granted by a Spanish court to someone wrongfully imprisoned. Tommouhi, now 75, was arrested in 1991 and sentenced to nearly 40 years in prison for multiple rapes and robberies. He
Bias read (Center): The article presents factual information without overtly biased language or framing. It focuses on legal proceedings and compensation awarded based on forensic evidence, with no apparent ideological slant.
Why these scores (Factual 95 · Objective 90): The article provides detailed and specific information about the case, including the amount of compensation, the duration of imprisonment, and the legal reasoning from the Supreme Court. The facts align with the cross-source consensus, though some details may be inferred rather than explicitly state
El PaísIndependent🔒CenterFactual 95Objective 8520 days agoAhmed Tommouhi, who was wrongfully convicted and spent 15 years in prison, has been awarded 2.5 million euros by the Supreme Court in compensation. He now uses a wheelchair and takes medication daily. His lawyer informed him of the ruling, which he received with little visible emotion.
Bias read (Center): The article presents the facts of the case without overtly biased language or selective sourcing. It focuses on the legal outcome and the personal impact on Ahmed Tommouhi, providing a balanced account of the situation without taking a clear ideological stance.
Why these scores (Factual 95 · Objective 85): The article accurately reports the Supreme Court ruling and the compensation amount. It includes direct quotes from Ahmed Tommouhi and his lawyer. The details align with the cross-source consensus, though it focuses more on the emotional impact than the legal specifics.
El PaísIndependent🔒CenterFactual 85Objective 7520 days ago The Supreme Court condemns the State to compensate with 2.5 million to the Moroccan mason convicted of 10 violations that he did not commitThe Spanish Supreme Court has ruled that the State must compensate a Moroccan construction worker, Ahmed Tommouhi, with 2.5 million euros for the 15 years he spent in prison and three years under conditional release following a conviction for rapes he was ultimately acquitted of. The court found that the National Court had erred in rejecting compensation and held the State responsible for the judicial mistake, noting that the court which convicted him failed to consider a biological forensic test that contradicted his guilt.
Bias read (Center): The article presents a factual account of a legal ruling without overtly favoring any political side. It focuses on the judicial process and the correction of an error by the Supreme Court, avoiding subjective language or biased framing.
Why these scores (Factual 85 · Objective 75): The article presents specific details about the Supreme Court ruling, the amount of compensation, and the reason for the State's liability. These facts align with the cross-source consensus. However, the phrasing 'condena al Estado a indemnizar' may imply fault on the State’s part more than necessar
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