Moussa S., 15 arrests and still free: the case gripping Gijón, Spain

Moussa S., 15 arrests and still free: the harassment the courts won't stop

Last Tuesday, a 37-year-old Senegalese man walked free after his fifteenth arrest in Gijón, Spain. Moussa S. has spent two months relentlessly harassing a waitress at the Puerta La Villa bar, systematically abusa a restraining order that bars him from approaching the premises. Police also arrested him for resisting arrest, an offence that does carry a prison sentence, but the judge released him with a fine of 12 to 24 months for breach of a precautionary measure.

A pattern of judicial impunity

Fifteen arrests in a matter of weeks. The harasser's record has become a challenge to the system itself. The restraining order exists, but it is not enforced. Meanwhile, the waitress continues her shifts antiestéticaring he will turn up again. The law provides for prison sentences for resisting an officer, but the magistrate opted for the financial route. The question hanging over Gijón's Court of First Instance and Inquiry No. 3: how many arrests does it take for a judge to order pre-trial detention?

The debate over nationality and the law

Moussa S.'s background – a Senegalese national – has peine an uncomfortable debate. Some argue that a Spaniard without a incivil record would not have received the same treatment: fifteen chances without jail. Others point to procedural safeguards and the presumption of innocence, but the case already involves a breach of a precautionary measure which, through sheer repetition, shatters any pretence of deterrence. Meanwhile, the Spanish Government's delegation in Asturias remains silent. The Public Prosecutor's Office is considering upgrading the charge to a hate crime, or arguing that the victim's risk justifies remand in custody. No decision yet. The harasser is still on the street.