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  • Complaint: A judge investigates José Luis Martínez-Almeida for prevarication when closing the green areas of Madrid

The mayor of Madrid, José Luis Martínez-Almeida , has filed an appeal on Tuesday against the decision of the head of the Investigating Court number 41 in Madrid, which last week opened a criminal procedure to investigate whether the regidor and the delegate of the Area of Environment and Mobility, Borja Carabante , committed an offense of administrative trespass by keeping Madrid's parks and large green areas closed during the coronavirus health crisis .

In the appeal of the legal services of the City Council, presented in defense of Martínez-Almeida, the magistrate is asked to file the case and, in case of not doing so, refuses to reopen the large parks of the capital as he has urgently requested the complainant, the lawyer José Luis Mazón.

Judge Juan Carlos Peinado, when admitting the Mazón complaint for processing, summoned both the complainant and those denounced on May 23, at 1:00 p.m., in the Plaza de Castilla courts with the aim of deciding on the reopening of the green areas, in the open piece of precautionary measures. The magistrate asked Almeida and his delegate for the Environment to come with a lawyer at the hearing for precautions and "provided with a regulatory and approved mask."

In relation to this summons, the mayor of Madrid now requests the magistrate to suspend the holding of the appearance of precautionary measures scheduled for next Saturday while the appeal presented by his lawyers is resolved. Furthermore, Martínez-Almeida maintains that forcing him to go to court "would mean a free bench penalty that would be neither proportionate nor fair."

"Protect public health"

On the other hand, in the resource, to which EL MUNDO has had access, the municipal councilor explains that "the decision to close the parks was not only" rational "but" the best possible option to protect public health in the city of Madrid Likewise, the City Council maintains that "the closure of parks has also been decreed by other public administrations with respect to the parks over which they have competence" and they give as an example that the National Heritage keeps the gardens of Campo del Moro, La Granja and El Escorial.

The PP leader reminds the judge that since the past day 8 all the parks in Madrid have been open except those that are "susceptible" to crowds or those that are characterized by their "narrow paths that impede the safety distance." Specifically, the Retiro, Fuente del Berro, El Capricho, Quinta de los Molinos, Sabatini, Torre Arias, Juan Carlos I, Juan Pablo II, Nurseries of Casa de Campo, Rosaleda, Valdebebas, Linear Park of Manzanares, Casa are closed. de Campo, Parque del Oeste, Dehesa de la Villa and Viveros Estufas.

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