The decision, which overturns the provisional imprisonment ordered on November 28, requires Laiglesia to surrender his passport, prohibits him from leaving Spanish territory, and mandates monthly court appearances.
In its ruling, the court acknowledges that the “incriminating content of the conclusion of the report on the DNA sample” found on the victim's sweater is undeniable. However, it does not perceive a risk of flight, the sole argument used by the investigating judge to order imprisonment.
This decision, despite having consistency, is not sufficient to directly infer a risk of flight that justifies the use of a precautionary measure as serious as provisional prison.
The court emphasizes that the instructing judge failed to assess “the compelling fact of the time elapsed since the commission of the act (25 years)” or the procedural conduct of the investigated party, who “has always appeared at court summonses or calls” and has strong social and professional roots.
The Sabadell court had ordered Laiglesia's imprisonment in late November, considering there were “rational and sufficient indications” to deem him the perpetrator of the 27-year-old librarian's homicide, murdered on the night of December 2, 2001.
