From typicallyspanish.com

National
Judge Garzón decides not to prosecute two alleged Al Qaeda members of a Spanish cell
By h.b.
Mar 7, 2008 - 8:01 AM

Spain has announced that she will not be judging the two ex prisoners from Guantanamo Bay in the courts of Spain. Spanish National Court judge, Baltasar Garzón has archived the case. A statement said that although Abú Anas and Omar Deghayes are accused of belonging to an Islamist terrorist cell linked to Al Qaeda in Spain, they have now been released from the United States base at Guantanamo Bay in such a poor condition that a trial against them would be impossible.

A medical report demanded by Garzón also showed how they had injuries to ankles and wrists where they had been bound, and were had suffered other broken bones, and one now suffered blindness in one eye from pepper spray. Both the men now have suicide tendencies which would make further investigation inhuman. They were held in Guantanamo for five years, and now live in Britain, but they will never make a full recovery.

45 year old Abú Anas is from Jordan and 38 year old Omar Deghayes is from Libya. They were both arrested on December 20 2007 on their arrival in Britain after being released from Guantanamo. The arrests came on the international order, issued by Garzón in Spain, because of their links to the Al Qaeda organisation in Spain.

The Spanish government had been asking the United States for their extradition, unsuccessfully, since 2004.