The Supreme Court has rejected the appeal filed by four captains of a cayuco that arrived in La Gomera on the 6th of December 2021, carrying one deceased person and six injured individuals, sentenced to a total of 16 years in prison for a crime against the rights of foreigners and six counts of injuries due to gross negligence.
The prosecuted individuals are considered responsible for acting for economic reasons in collusion with the organizers of the trip who remained on land, and for this reason, they jointly agreed to take charge of managing a boat originating from the coast of Mauritania, with its destination being Tenerife.
The cayuco departed from Nuakchot with twenty people who had been charged 400 euros in the last days of November 2021, so the risks of the journey were compounded by the health situation of the pandemic, as there was no distance between them and they lacked masks.
According to the sentence upheld by the Supreme Court, the now convicted individuals were responsible for distributing and rationing food and drinks, maintaining order, and steering a boat considered “completely inadequate”, just 15 meters long, propelled by two engines.
All of this put the lives and integrity of the occupants at risk as they lacked the necessary safety and stability measures to face the conditions of a high-sea crossing of this nature.
There were no life jackets, repair tools, positioning lights to mark their location, communication instruments, or any means to protect themselves from the sun, wind, or rain, and they had limited provisions and water, as confirmed by the judicial ruling.
The precariousness of the transport meant that it was eventually towed to La Gomera, where it arrived on the 6th of December, after a journey of about nine days that resulted in the death of one passenger and injuries of varying severity to six others.
The death was due to acute pulmonary edema, while the other injured individuals suffered from dehydration, blood in the urine, severe hypothermia, kidney and liver damage, muscle breakdown, acute pharyngitis, ulcers, and skin abrasions.
One of the migrants had to be urgently transferred to the University Hospital of Canarias, in Tenerife, due to severe temperature drop and decreased consciousness level, while the other five were admitted to the hospital in La Gomera.
The initial sentence was imposed by the Court of Santa Cruz de Tenerife in early 2023 and upheld by the Criminal Chamber of the Canary Islands Superior Court of Justice, which in July also rejected the appeals, as has just happened now in the Supreme Court.
The convicted individuals questioned the statements of the passengers as they were made in front of the Civil Guard without legal representation, as there was no recognition parade conducted and because during the trial, it was not definitively established that they were the captains.
They also did not consider it a valid evidence to be identified through photographs and that more weight was given to the statements of some occupants than others, as they could be self-exculpatory versions.
The appellants claimed that no member of the Civil Guard saw them handling the boat and that they were just like any other passengers on the boat who had paid like everyone else.
Conversely, credibility was given to the testimonies in all areas, with some witnesses unaware of the death, reporting that one of the captains had a large phone, and the other three assumed the mentioned tasks.
Others knew they were heading to Spain but not to a specific destination; nobody informed them of the risks of the journey, and they met the rest of the passengers during the crossing.
One individual recounted that the cayuco only had one engine, there were many barrels of gasoline but very little food and water.
The Police stated that they opted for private interviews with all occupants to ensure they were not intimidated or pressured and that they identified the four accused through photos, with some even mentioning five captains.
The Canary Islands Superior Court concluded that the presumption of innocence was always considered, the judicial process was carried out with all guarantees, and the evidence leading to the convictions is fully valid.
