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The case of the death of a minor in the Oria Juvenile Detention Centre is dismissed

22_05_19_The case of the death of a minor in the Oria Juvenile Detention Centre is dismissed
The court agreed to provisionally dismiss and close the case.

The head of the Court of First Instance and Single Instruction of Purchena, Marina Masegosa Puertas, agrees the provisional dismissal and archiving of the case for the death of the young Illias Tahiri, which happened in the Centre for Minors Tierras de Oria on 1 July 2019 after his life had expired after having applied a mechanical restraint.

The letter to which La Comarca Noticias has had access, reflects that from the statement of the investigated persons who intervened at the time of the events that occurred, “it cannot be inferred that their actions can be described as reckless from a criminal point of view”.

“Thus, we fully accept the arguments contained in the aforementioned resolution, which are reproduced, considering that from the result of the autopsy report, the statements made and the recordings and documents in the case file it can be deduced that the death of the minor was accidental and that the conduct of those investigated did not exceed the limits of the use of force, and it can be deduced that they correctly applied the restraint protocol in force at the time of the events and by which they were to be governed, It is also clear that they fully complied with the guidelines aimed at guaranteeing the physical integrity of the inmate, and it is clear from the aforementioned statements that the decision to restrain the minor in the prone position was adopted as it was considered necessary and appropriate in view of the state of the minor and the lack of contraindications regarding its application to the person who eventually died”.

“Therefore, since no other investigative measures were carried out after the date of the aforementioned dismissal order from which it could be inferred that the actions of the persons who were at the Juvenile Centre and who acted in response to the agitation of the minor were not carried out in the manner described above, it is appropriate to dismiss the case, it is appropriate to dismiss the case against them, considering, as has been stated, that their actions were proportionate to the circumstances of the moment and the state of the minor and, in any case, were governed by the regulations in force at the time of the death, and the imprudence in which they may have been involved cannot be classified as criminally relevant”.

 

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