Marbella judge, Francisco Urquía, released the four officers charged with the death of a British man during his arrest in Marbella on Monday lunchtime, after a preliminary court hearing yesterday.
Although they face prosecution, and remain suspended from duty while the incident is investigated, they were not required to post bail.
Two security guards, who helped subdue the victim, and who were arrested at the same time as the four police officers, were released without charge.
The victim's identity has not been confirmed, but it is now thought that he was closer to 50 than 40 years old.
Preliminary autopsy results indicate that injuries sustained during the arrest were not sufficiently serious to cause death, but toxicological tests results, which would confirm whether the victim had taken drugs, are not yet available.
It has been confirmed that the incident took place at the junction of the calles Camilo José Cela and Gregorio Marañón.
Several eye-witnesses have come forward to denounce the excessive force used by the arresting officers, who are alleged to have beaten him several times with their batons, even after he had been handcuffed, and that one officers kneeled on the man's neck to restrain him.
