• Courts.The judge believes that Interior leaked data from the CDR

The Prosecutor's Office of the National Court has requested to refer to the Madrid courts of Plaza de Castilla the request, made by the defenses of the 7 CDRs in prison for terrorism, to investigate the "mass leak" to some media about the cause, despite to be under summary secret.

As they have informed Efe legal sources, the Prosecutor's Office, in the opinion that has sent this Friday to the judge of the National Court Manuel García Castellón, who instructs this case, states that the writings presented by the CDR defenses, making this request and of those that the magistrate gave them transfer, should be considered as a complaint for revelation of secrets.

Since this is a crime for which the National Court is not competent, the prosecutor of the case, Miguel Ángel Carballo, considers that the leaks reported must be investigated in the "territorially competent court" and that it would be a court of instruction of Madrid of the located in the Plaza de Castilla.

In this way, the Prosecutor's Office rejects the opening of a separate piece to investigate these facts, as claimed by the CDR's defenses in their respective briefs, all of them addressed to Judge García Castellón in the same direction.

Legal sources consulted by Efe have indicated that in all likelihood the judge will agree in the next few hours to forward this complaint to the courts of Plaza de Castilla, as proposed by the Prosecutor's Office.

In those briefs, which now the Prosecutor's Office asks to be considered as a complaint, the defenses demanded that the judge of the National Court investigate in a separate piece if the Prosecutor's Office or the Civil Guard are the authors of that "mass leak."

In one of the briefs presented, to which Efe had access, the lawyers asked the judge to find out who is behind the leaks, which in his opinion could constitute a crime of revealing secrets and another against the public administration.

The defenses point directly to those responsible for the Civil Guard and the Prosecutor's Office, since, remember, the public prosecutor is the only part of the cause that had access to the entire prison car published in various media.

According to the lawyers, the judge's 7 orders have been published in full, despite the fact that the defenses were notified with a fragment removed, because the case was under secret summary.

The lawyers criticize that, while they "do not have the slightest knowledge of the facts" and only know the provisional accusation attributed to their defendants, the media have published these cars "exhaustively", which even includes videos of the Civil Guard on the records practiced.

For that reason, they believe "absolutely inadmissible" that the actions of the so-called Operation Judas are public only for the media "and, instead, for defenses, justice is kept behind closed doors."

In the opinion of the lawyers, the leaks, which also include personal and family data on the detainees, violate the right of defense of the accused, subjected to a "media lynching", "leaving the right to the presumption of innocence broken" .

All this, they add, without those affected being able to exercise any right to reply, "not only because they are deprived of liberty, but because they do not have access to the proceedings."

In addition to investigating the origin of the leaks, they also asked the judge to force the media to remove the links to the information that should remain secret, "for affecting the privacy and security of those investigated" and "the presumption of innocence of which they should enjoy. "

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  • CDR
  • National audience
  • Civil Guard
  • Madrid

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