Acquitted Mafiosi Seek Millions in Compensation, Few Succeed

In October 2011, a major police operation called "Pozzaro" led to the arrest of 21 people across Spain, including in the south of Tenerife. They were suspected of being part of the Nuvoletta-Polverino clan, an Italian criminal group considered one of Europe's most dangerous.

In Tenerife, 13 individuals, mostly relatives of Italian origin, were arrested. Their bank accounts were frozen, businesses and properties were seized, and vehicles were impounded. They faced charges of belonging to a criminal organization and money laundering, with one person also accused of illegal weapons possession.

Two of the 13 arrested in Tenerife were later released after giving statements to the National High Court. The others were held in custody while awaiting trial. In early 2016, a trial took place with all 21 defendants. Most faced potential prison sentences of ten years and significant fines. However, after nearly five months, all but one defendant were acquitted. The exception was V.P., a real estate developer, who was convicted of illegal weapons possession but cleared of charges related to organized crime and money laundering.

Since their acquittal, at least eight of those arrested have sought substantial compensation from the state for the time they spent in custody. Their lawyers argue that they should be compensated not only for their detention but also for lost business profits and accumulated debts due to their inability to work. However, these claims have largely been unsuccessful.

Current Spanish law allows for compensation for wrongful detention if someone is later acquitted or their case is dismissed. However, it does not cover losses like lost profits or other damages not directly related to the deprivation of liberty.

Another businessman, arrested in October 2011 and released within 48 hours, sued for three million euros. His businesses were seized, and some vehicles, including a distinctive orange Lamborghini, were auctioned. According to sources close to the case, he not only received no money back but also incurred about 50,000 euros in expenses, including legal fees. Only three other defendants had their claims partially successful, receiving much smaller amounts, between 12,000 and 13,500 euros.

In a recent ruling, V.P., the real estate developer convicted of illegal weapons possession, was awarded 30,000 euros for his time in preventive detention. He had initially requested 800,000 euros, having spent 1,289 days in custody, significantly longer than his eventual sentence.

The ruling noted that V.P. was a real estate developer and the sole owner of a company in this sector since 2007. He also owned a bar managed by his wife. Despite a real estate downturn in 2010, his lawyer argued that V.P. had significant resources before his arrest. After his detention, his companies were left without management and struggled.

V.P. was held in custody from October 2011 to April 2015. He was released on bail of 10,000 euros and subject to certain conditions while awaiting trial.

V.P. moved to Tenerife from Italy in 2001. He had sold a family home and had savings of around 25,000 euros. He initially worked for relatives who were already on the island but soon started his own real estate agency. He also bought a cafeteria, which his wife ran. His investments allowed him to purchase a home worth 500,000 euros, along with several high-value vehicles, a motorhome, a pleasure boat, and luxury watches. Upon his arrest, all his assets and bank accounts were frozen. He stated that his house was repossessed by the bank and a BMW was used by the police. He added, "I lost everything and I haven't been able to recover yet, almost ten years after my release."