The appeal lodged by a woman who spent almost three years in pre-trial detention on drug trafficking charges in Tenerife and later acquitted has been upheld by the National Court, resulting in the Ministry of Justice having to compensate her with 31,000 Euros.
Having been deprived of her freedom for a total of 1,049 days, equating to almost 35 months, the woman, upon being proven innocent, approached the Government demanding compensation worth 60,000 Euros.
The State Attorney acknowledged her entitlement to receive 30,000 Euros for the damages incurred during the prolonged prison stay, considering both material and moral harm.
Not satisfied with the initial decision, the woman decided to challenge it and escalated the compensation claim to 117,000 Euros before the National Court.
Arrested on November 21, 2017, released on October 5, 2020, and acquitted 19 days later by the Provincial Court due to a clerical error in her surname, the woman sought reparation based on the adverse effects on her health and well-being during her incarceration.
Citing the impact on her health, exacerbated by the conditions in prison and delays in the legal process, the woman outlined the hardships she faced, including worsening deafness and mental health struggles leading to suicidal tendencies.
Other grievances included the inability to see her family in Venezuela, the social stigma she endured, and the challenges of securing employment due to her tainted reputation resulting from the wrongful accusation.
The calculated losses amounted to 6,000 Euros for property, 57,000 Euros for unjust imprisonment, 39,200 Euros for subsequent repercussions, 15,000 Euros for moral distress, and 6,000 Euros for legal delays, totalling the requested 117,000 Euros in compensation.
While multiple individuals were prosecuted for drug trafficking, the majority were convicted based on evidence of cocaine trafficking, save for the woman and one other person whose involvement could not be proven.
Initially detained while travelling with a convicted individual from Venezuela, there was insufficient evidence to demonstrate her active participation or knowledge of the illicit activities.
The arrest occurred on November 21 at a hotel in Puerto de La Cruz, following the defendant’s arrival from Casablanca, Morocco, with suitcases containing nearly two kilograms of cocaine valued at 64,000 Euros.
