The Magistrate's Court number 11 in Madrid has refused to admit one of the complaints filed against the director of the Center for Coordination of Health Alerts and Emergencies, Fernando Simón . This is the complaint filed by a son and grandson of a woman who died in March by Covid-19, in which the crimes of reckless homicide, against the rights of workers and documentary falsehood were attributed to the high charge of Health. In his letter to the judge, a precautionary measure was requested to withdraw Simón's passport to prevent him from leaving Spain.

The judge denies that there is reason to investigate any of the three crimes. The most serious, that of reckless homicide, for a procedural reason: the death occurred in Móstoles, so the investigation would correspond to the courts of that town and not to those of the capital.

As for the lack of adequate protection material for the toilets, the judge rejects that it can be considered a crime against workers because it is "notorious" that at that time there was a shortage of protection means. "Failing to provide means that were not available in the face of a pandemic of unforeseeable evolution and extension cannot be considered a crime." Furthermore, according to magistrate Juan Javier Pérez , the discrepancies among the scientific community regarding "the greater or lesser suitability" of the means of protection used by health workers against the coronavirus are also notorious.

Nor does he see evidence of crime in the count of the deceased, he emphasizes that it is evident that there are "different methods" of accounting for the deaths by Codid-19, including the one that takes into account that the contagion has been confirmed by means of a test. In any case, the choice of one or another way of accounting "cannot be considered false" when the parameters that follow are indicated.

The complainants have filed an appeal before the Madrid Provincial Court against the court order 11. Regarding the reckless murder, the SF Litigation office maintains that the judge should have sent the complaint to the Móstoles courts instead of just rejecting it, in addition to having ruled on the precautionary measure and having activated the initial investigations.

Nor does it consider that the statements made by the judge regarding the means of protection or the accounting systems can be considered notorious. And remember the data of the higher courts of Castilla y Leó n and Castilla-La Mancha , which revealed many more real than death recorded.

Last week the judge investigating the government delegate in Madrid for authorizing protests such as the 8-M refused to charge Simón, alleging that there were at least two more complaints in Madrid courts against him.

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