Moroccan Man Exonerated After 30 Years, Supreme Court⁢ Overturns Rape⁣ Conviction

BARCELONA, Spain⁤ (AP) — Ahmed Tommouhi, a 74-year-old Moroccan mason, has been cleared of rape charges by the Supreme Court of ⁤Spain after spending ‍over three decades fighting a wrongful conviction. Tommouhi was initially convicted of 10 violations, ⁤accused ⁤of being both a perpetrator and an accomplice in crimes committed by⁣ a pair of rapists.

The ⁤Supreme Court’s decision overturns a prior ruling by the Tarragona court related to the rapes of three young women ⁢on nov.9-10, 1991.Tommouhi, who served 15 years in prison and additional time on probation, learned ⁢of his acquittal at his daughter’s home near Barcelona.

“Thank you, thank you very much,” Tommouhi told El País. “They ruined my life, but this takes the fog off my chest ⁤and heart.”

Legal Battle and Supreme Court Intervention

According to court sources, magistrates sided with Tommouhi’s lawyer in this latest appeal. The ⁣Supreme Court’s Criminal Chamber emphasized the importance of uncovering the “authentic truth” and achieving “material justice over the formal” in its review, as stated in the 2024 order that authorized the review process.

Compensation Denied

Despite the exoneration, the National Court recently ruled that Tommouhi is not entitled to compensation, arguing that his case does not constitute “an obvious judicial error.” This decision, based on the State Advocacy’s criteria, is separate from the Supreme Court’s review and will be pursued thru a different legal channel.

Awaiting Justice for Decades

Tommouhi’s ordeal began with his arrest on ⁣Nov. 11, 1991, at a boarding house in Terrassa. He was arrested because he was Moroccan, short, and‍ stocky. The primary evidence⁤ against him was witness identification in a lineup related‍ to a series of rapes and robberies in Catalonia. He was convicted of rape in three separate trials ‍and of theft in a fourth.

Tommouhi awaits the revocation of the theft conviction to fully clear his name.

racial Slurs During Trial

During⁢ the 1994 trial at the Provincial Court of Tarragona,tommouhi was subjected to racial slurs. The Supreme Court’s recent decision overturns the 1995 sentence‍ based on new evidence that undermines the original conviction.

Key Evidence: DNA and Vehicle Identification

A crucial piece of evidence was⁤ the⁤ Supreme Court’s 2023 decision to overturn ⁤a second conviction related to rapes committed in Cornellá.Semen analysis definitively excluded Tommouhi as the rapist and driver of a gray Renault 5, license plate B-7661-FW, used in the Cornellá crimes.

The same vehicle was linked⁣ to the Tarragona rapes,further supporting Tommouhi’s innocence.⁣ Journalistic investigations connected the car to crimes committed while the actual⁢ perpetrators were already incarcerated. The⁢ Supreme Court acknowledged this⁣ connection in its ruling.

Mistaken Identity and Arrest

Tommouhi,who does not know how to drive,was not present at ⁢the scenes of the crimes. In November 1991, he was ⁤staying at the Aguet ⁣pension in Terrassa with another Moroccan man, Mostafa Zaidani, who was also arrested. Zaidani was later released.

Zaidani recounted his experience of ⁤being‍ detained for 48 hours, unaware that Tommouhi had been sentenced to 57 years and 40 days for crimes committed miles away. the Supreme Court considered this details when admitting the appeal.

Previous‍ Review and Unidentified Accomplice

This is the second triumphant review of Tommouhi’s case. A previous⁤ review in 1997, prompted by a civil guard examination and DNA analysis, revealed that Tommouhi had been mistaken for ‍Antonio García ⁣Carbonell, the actual rapist. another Moroccan man,Abderrazak⁣ Mounib,was also wrongly convicted ⁣and ⁣died in prison in 2000. DNA evidence suggested Mounib was related to García Carbonell, but his accomplice remains unidentified.

Lingering Impact

Tommouhi’s wife,Fadma,remains in⁤ Morocco with whom he has not seen ⁣since his arrest in 1991. His eldest daughter, now 47, stated in a ⁤2011 documentary that she would not recognize ⁢her father if she saw him⁤ on the ⁣street.