FOUR years after Ahmed Tommouhi was imprisoned for a series of rapes in Spain during 1991, fresh DNA evidence suggested that he did not commit one of the crimes. He was unable to prove his innocence because there was no remaining biological evidence for further DNA tests and Tommouhi served the rest of his sentence despite what the Supreme Court termed “well-founded doubts” about his guilt.
Tommouhi was released in 2006 and since then has tried to establish that he did not commit the crimes, pledging that he would not return to Morocco until he could prove he was not a rapist.
He was arrested in 1991 soon after arriving in Spain, during a wave of rapes in Barcelona, Tarragona and Gerona. All followed the same pattern, with two armed men violently attacking young couples in parked cars or in lonely spots, raping the women and threatening the men with violence.
Ahmed Tommouhi and another man, Abderrazak Mounib – whom Tommouhi had never met – were eventually arrested and convicted after some victims identified the two men although others did not. Mounib died in prison in 2000.
Identification was also compromised when an identical rape occurred in Blanes (Girona) on November 25 1991.Both men were by then in prison but the couple identified Mounib as one of the rapists.
During another wave of identical rapes in 1995, couples still picked out Tommouhi and Mounib from albums they were shown by police. Antonio Garcia Carbonell was later arrested and imprisoned.
His DNA was linked to one of the 1991 rapes and investigators began to suspect that the two Moroccans had been wrongly accused.
Braulio Garcia Jaen, author of Justicia Poetica, a book relating the case’s many irregularities, has now located biological samples from the Blanes rape at the National Institute of Toxicology.Permission to have these analysed is now being sought.
Tommouhi had no involvement with the Blanes crime but if the rapist can identified as Garcia Carbonell, he could be a step nearer the Supreme Court’s recommended pardon and returning Moroccoz.