Supreme Court

has lowered the sentence against

José María Martìnez Sanz 'Chema'

from 11 to 2 years,

considering that

his presumption of innocence was violated

in the sentence handed down by the Hearing of Bizkaia in the

'Gaztelueta case'.

The ruling drawn up by the President of the Supreme Court, Manuel Marchena and endorsed unanimously by the rest of the Chamber, questions the decision made by the Biscayan judges by including among the criminal acts

two alleged abuses confessed by the young man years after

having suffered the abuses without having made any mention when he appeared before psychologists and prosecutors.

The Supreme Court ruling will prevent José María Martínez, a teacher at the Gaztelueta de Leioa school, from going to jail despite the fact that he had been sentenced by the Provincial Court of Bizkaia to 11 years in prison on November 15, 2018. In that ruling, the The judges found that

'Chema' repeatedly abused the student from 2009 to 2011


The report of the complainant included five situations of abuse by who, in addition, was his tutor and who would have taken advantage of the meetings that both had in the office of 'Chema' in the school managed by Opus Dei.

Juan Cuatrecasas

, father of the attacked student and lawyer, publicly denounced the events after the unsatisfactory response of the

school that transferred the teacher but did not give credibility to the victim's testimony


Martínez Sanz, defended by

lawyer Eduardo Ruiz Erenchun

, remained silent until the conviction was made public.

"I am completely innocent," insisted 'Chema

' after the first ruling in an open letter in which he assured that during the oral hearing "I listened to many people whom I did not know assuming my guilt, without presenting any evidence, beyond of the credibility they gave to the boy's testimony. "

Martinez Sanz appealed in cassation before the Supreme Court and the court warns in its ruling that

the complainant "enriched his story" with two alleged abuses that he revealed as of 2015

and that he did not count in the conversations he had with psychologists and prosecutors.

The court chaired by Marchena considers that these two alleged abuses are

"something more than an addition"

and transfers to the Court of Bizkaia the responsibility of having accepted them as good.

"The evidentiary assessment does not reserve space for willful intuitions," says Marchena in the sentence that lowers the sentence against the teacher to the minimum.

In addition, it remembers that "voluntarism is incompatible with a constitutional canon of evidentiary valuation".

According to the criteria of The Trust Project

Know more

  • Supreme court

  • Sexual abuse

  • Basque Country

  • Education

Basque Country The first week of the course concludes with 4 schools closed, another 30 affected and children eating in the street

Education Uncertainty among the directors of Catalan schools one week after starting the course: «There are things I still don't know»

Education Isabel Celaá advances that incidents have been registered by Covid-19 in 53 Spanish schools

See links of interest

  • Last minute

  • Spanish translator

  • TV programming

  • Basque Country Calendar

  • 2020 calendar

  • Horoscope today

  • Movies Today

  • Topics

  • Roland Garros: Egor Gerasimov - Rafa Nadal, live

  • Fulham - Aston Villa

  • Bologna - Parma

  • Liverpool - Arsenal