Spanish courts may have to pay €21m to Al-Qaeda member's heirs

Jamal Hussein was accused of amassing millions of Iraqi dinar prior to the fall of Saddam Hussein – who is no relation – which money was held be the court despite its having been unable to demonstrate that the funds were connected with any criminal activity.

The accused filed legal action, requesting a refund of the cash and for additional interest due for its having been seized illegally.

According to a report by the CGPJ, Jamal Hussein had the right to compensation for the 'abnormal functioning of the justice system' which led to around €21 million, including interest, being withheld from him.

But Hussein died a few months ago.

Around 10 years ago, he was released with charges but without having served any real part of a sentence.

Shortly after his spell in custody, he was diagnosed with an aortic aneurysm which later caused his death, a decade later – at around the same time as the CGPJ report confirmed he was entitled to his money back.

Who has the right to the money is not clear, the report says.

Hussein had taken Spanish citizenship, meaning his children or, in the absence of these, his nearest blood relatives are his automatic benefactors and he would be unable to change this by making a will, under Spanish law.

He is divorced from the mother of his children, so she does not have the power to administer his affairs.

Hussein's cash was seized in 2005, but with the Iraq war the country's currency became worthless, complicating the matter even further.

The photograph shows the front of the ministry of justice building, where the CGPJ is based.