(CNN Spanish) — The magistrates of the third section of the Provincial Court of Barcelona decided on Tuesday to keep the Brazilian soccer player Dani Alves in provisional prison, communicated and without bail, while the investigation phase of the case that investigates him ends after a woman denounced him for sexual assault in a nightclub, an accusation that the player has denied.
As stated in the minutes, the magistrates understand that there is still a high risk of flight given the seriousness of the crime of which he is accused, the high prison terms that he could face -up to 12 years- if found guilty, the “severe” indications of criminality against the player and the “bulky” economic capacity that, they understand, would allow Alves to flee Spain.
In this way, the court rules out the alternative precautionary measures proposed by his lawyer Cristóbal Martell, among which were the imposition of a bond, the withdrawal of the passport and the periodic appearance before the courts or the use of a telematic device to control their movements.
The soccer player’s defense team sent a statement to CNN with their reaction to the decision.
“Daniel Alves Da Silva continues to be as innocent as he was before the ruling was handed down. His will to leave Spain and avoid the process was and is non-existent. The resolution is asymmetric. It uses as evidence the statements of charge offered by the police report and, on the other hand, the defense elements offered by the defense are different for the Oral Trial”, the text indicates.
Although the content of the testimony of the woman complainant was not made public, CNN had the opportunity to speak with her lawyer, Ester García, who highlighted two points:
- He indicated that the victim was calm because the judge gave credibility to his testimony, which he said was demonstrated by the pretrial detention without bail against the soccer player.
- But he also commented that the victim is concerned because, after the alleged sexual assault, he is under pharmacological and psychological treatment.
Alves was arrested on January 20 by the Mossos d’Esquadra, the autonomous police force of Catalonia. He spent the first three days in the Brians 1 Penitentiary Center, although he was later transferred to Brians 2 for security reasons and to guarantee coexistence given the notoriety of the accused. Specifically, Alves is in module 13 of the prison, intended for prisoners for crimes against sexual freedom.