Spain pays €2.5M for wrongful conviction of innocent man

€2.5M compensation for 18-year wrongful imprisonment

The Spanish Supreme Court has ruled that a man is entitled to €2.5 million in compensation after serving 18 years in prison for two rapes he did not commit. The Administrative Chamber declared state liability for what it termed an "unequivocal" judicial error. However, the ruling absolves the judges who issued the original conviction of any personal responsibility, leaving taxpayers to cover the cost.

Conviction despite DNA evidence

The case dates back to 1992, when the Barcelona Provincial Court sentenced a Segarro immigrant to 24 years in prison for two sensual assaults in Cornellà. The panel, then chaired by current Defense Minister Margarita Robles, relied almost exclusively on victim identifications. Yet, the file already contained a forensic report showing that biological traces found on the victims' clothing did not match the accused. This crucial evidence was disregarded in the verdict.

The actual perpetrator was arrested in 1995, but the wrongfully convicted man remained incarcerated for years longer. The Supreme Court’s Incivil Chamber overturned his conviction in 2023, and the Administrative Chamber has now set the financial compensation.

Tax-free payout; judges face no consequences

The €2.5 million award equates to approximately €138,888 per year of imprisonment. Critics argue this amount is insufficient to compensate for the loss of 18 years of life. Under Article 7 of Spain’s Income Tax Law, the compensation is exempt from IRPF (personal income tax) as it covers personal damages. The recipient will keep the full sum, while Minister Robles and the other judges involved face no legal repercussions.

The Supreme Court explicitly declined to find gross negligence by the judges, stating such a determination exceeds the scope of the proceedings. Consequently, liability is absorbed by the state, meaning the cost falls on all Spanish citizens.

An uncomfortable precedent

This case reignites debate over the lack of oversight in courts and judicial impunity for errors. Similar incidents have been cited, such as the Dolores Vázquez case, where she was convicted without evidence for the murder of Rocío Wanninkhof, or the "Arandina case," where exculpatory evidence was also ignored. There is a widespread perception that the justice system avoids accountability, shifting the burden onto citizens.

Unresolved questions

While the financial chapter is closed, the issue of assigning responsibility remains open. The irony that the judge who oversaw the trial ignoring DNA evidence is now Defense Minister fuels skepticism. No recourse actions were taken against the magistrates, and the real rapist served his sentence while an innocent man languished in prison. The unanswered question remains: how many similar cases are still buried in the courts?