The National Court has rejected reopening the Tsunami Democàtic caseafter three years of the investigation led by Judge Manuel García-Castellón, who retired last September. Through a car dictated this February 17, the Criminal Chamber throws the attempts to resume the part of the case that was in the hands of this Court, as the ultra -rightist Vox party, the Association of Victims Dignity and Justice (headed by Daniel Portero, deputy of the PP in the Assembly of Madrid) and the Catalan Civil Societat collective. This summary promoted by crimes of terrorism was directed, among others, against Marta Rovira, former secretary of ERC, and.
In its recent resolution, which ratifies the archive of the cause, the Chamber reproaches the accusations that, as much as it is insist “in the alleged existence of indications against the suspects, its conclusion about this case is” firm “and that, as it already said on July 8, 2024, the maximum legal period for the instruction was” exceeded. ” The Court then stressed that Judge García-Castellón there was and that, therefore, all the inquiries he had made since July 29, 2021 should be annulled. That decision was a brutal blow to the summary and.
He Tsunami case He marked the political and judicial agenda over months, especially during the negotiations and the approval of the amnesty law. In November 2023, in full conversations to carry out that rule in exchange for the support of the investiture of Pedro Sánchez, Judge García-Castellón revolutionized the procedure Al, to Rovira and another dozen of people, for the protests and disturbances recorded in Catalonia after the judgment of the judgment of the process In October 2019. Of course, the case was divided into two. The Supreme Court assumed the investigations on the agoras: on the own former presidentEurodiputa at that time, and about Rubén Wagensberg (ERC), deputy of the Parliament. For his part, García-Castellón continued with the inquiries related to the rest.
However, as long as all the inquiries practiced since July 2021, Judge García-Castellón and the Supreme Court were invalidated. Despite this, the accusations have tried to relive it, against the prosecutor’s criteria. In his allegations, for example, Vox said that the “proceedings practiced since July 30, 2021 were previously agreed”. But many were practiced several years later and, in fact, the magistrates of the Court (Félix Alfonso Guevara, Francisco Javier Viera and Jesús Eduardo Gutiérrez) discard that thesis of the extreme right -wing party.
In that line, the Criminal Chamber of the National Court adds that the “investigated had no chance, before the closing of the instruction, of defending themselves effectively, which inevitably leads to the dismissal of the proceedings agreed in the appealed cars.” The magistrates remember that the criminal prosecution law says that the secret of the summary “must necessarily rise at least 10 days in advance of the conclusion of the summary.” But, in him Tsunami casethe secret raised in May 2023: that is, “a long time later” on July 29, 2021, the official date set by the Criminal Chamber for the “Summary Closing.” This circumstance implies that the defenses could not exercise their rights.
“As much is insist by the particular and popular accusations personally in the case in the existence of sufficient indications of the Commission by those investigated of qualifiable facts as a crime, it is evident that such indications would have been obtained without any intervention of those investigated and without the possibility of proposing any diligence to distort them,” the criminal hall continues, which also rules out that the right to the judicial protection of the accusations has been violated.
