The National Court will ultimately judge the alleged jihadist from Algeciras, Yassine Kanjaa, who was arrested on April 25, 2023 for the machete murder of sacristan Diego Valencia during the attack on two central churches in the city of Cadiz, which left others wounded. The Court of Criminal Law has concluded that the case should remain in this exceptional court —which handles terrorism cases— and rejects sending it to the Court of Cadiz, as Kanjaa’s defense had hoped. Kanjaa’s lawyer argued that, due to his client’s mental health issues, the “terrorist purpose” of his actions should be ruled out, thus invalidating the terrorism charge and leading to the loss of jurisdiction by the National Court.
However, after a hearing on Thursday to hear from all parties on this issue, the Court of Criminal Law dismissed this option. The court that will judge Kanjaa, a Moroccan national, believes that the terrorist nature of the attack should be analyzed during the trial, and it cannot make a “preliminary assessment” that would rule it out. In fact, the investigation led by Judge Joaquín Gadea concluded that, after undergoing a rapid radicalization process, the accused acted with a “terrorist” intent inspired by jihadism, despite his psychiatric problems.
In line with the Prosecutor’s Office, the resolution of the National Court adds that, to assess the mental illness of the accused and the possible impact on his mental faculties, the court will need to hear from the accused, witnesses, and experts during the trial. Thus, it will be the Court of Criminal Law of this court that will issue a verdict on whether there is sufficient evidence to convict Kanjaa of terrorism offences. On the other hand, as the judges point out, “if the case were to be sent to Algeciras, the Provincial Court of Cadiz would not be able to judge the qualified terrorism offences, affecting the right to effective judicial protection of the accusations”.
The court’s decision ensures that the trial of Yassine Kanjaa will proceed in the National Court, where the charge of terrorism will be considered. This will allow for a thorough examination of the circumstances surrounding the attack and the mental state of the accused, as well as the evaluation of evidence to determine his guilt. By keeping the case in the National Court, the judicial process maintains integrity and upholds the right to justice for all parties involved in the case.
The final judgment in the trial of Yassine Kanjaa will determine whether he is guilty of terrorist offences in connection with the attack in Algeciras. The court’s decision to retain jurisdiction in the National Court ensures a fair and thorough examination of the case and the circumstances surrounding the attack. This trial will serve as a critical step in holding Kanjaa accountable for his actions and ensuring that justice is served for the victims of this tragic event.
