Miscarriages of justice in Spain

Abstract

It was 1991 when Ahmed Tommouhi and Abderrazak Mounib were arrested for a series of sexual assaults in the province of Catalunya. The first victim identified Mounib in a poorly executed police line-up, ultimately resulting in the conviction of the two Moroccan nationals. Mounib passed away in prison three years after his conviction. Finally, DNA evidence identified Antonio García Carbonell and an unknown family member as the true perpetrators of one of the sexual assaults. However, the lack of DNA samples collected from the other assaults has been an obstacle for Tommouhi and Mounib to ultimately prove their innocence (Jaén, 2021). There have been similar cases in Spain in which DNA evidence played a key role in the Supreme Court hearing, such as the exoneration of Romano van den Dussen (Belaza, 2016). These specific cases highlight the need to further investigate lesser-known factors contributing to wrongful convictions. Thus, this chapter will outline specific aspects of the Spanish legal system and highlight two factors that may impair judicial decision-making: False statements and false confessions.