Justice The judge ignores Anticorruption and refuses to accuse Aguirre for the reduction of beds in a public hospital
The Anticorruption Prosecutor's Office has appealed to the Provincial Court of Madrid the decision of the head of the Investigative Court number 53 of the capital,
Mónica Aguirre
, who refused to impute the former president of the Community of Madrid Esperanza Aguirre
and the former Madrid Health Minister
Juan José Güemes
in the case where the drastic reduction of beds at the Puerta de Hierro Hospital (Majadahonda) is being investigated.
In the direct appeal, to which EL MUNDO has had access, the prosecutor
Jorge Andújar
denies that Aguirre's imputation request is due to "the mere ostentation of the position" of president of the Community of Madrid when the contract of concession of public works for the drafting of the project, construction and operation of the aforementioned hospital.
In these preliminary proceedings, it is investigated who is ultimately responsible for the modification of the Puerta de Hierro Hospital contract that caused a loss of 10 million euros to the public treasury. In the procedure, the director of Planning and Sanitary Equipment of the Community of Madrid,
Elena de Mingo
,
is investigated between 2008 and 2011
, but last month the instructor refused to impute both Aguirre and Güemes in the case, alleging that in no case could they to be considered "objective attributions of responsibility" in the commission of a crime "the mere fact of the position or position that a specific person holds in the organization, no matter how high it may be".
The magistrate warned the prosecutor that "promoting" the demand for criminal responsibility by turning its back on another of the principles of criminal law would make it "a dangerous totalitarian instrument."
This affirmation has enraged the Public Ministry, which in its appeal defends itself by pointing out that in the "only document justifying the reduction of beds" - remaining in the case - it is stated that the General Directorate of Community Infrastructures ordered that all the hospitalization rooms for individual use "at the request of the Presidency of the Community of Madrid".
The prosecutor's arguments
Similarly, the prosecutor Andújar highlights that on up to three occasions the Public Ministry has approached the Madrid Government - unsuccessfully - to request that it deliver the enabling order given for the reduction of beds at the Puerta de Hierro Hospital.
"At the discretion of the Public Prosecutor's Office, Esperanza Aguirre must appear in court assisted with all her constitutional rights. (...) Her statement as investigated is not interested by the mere fact of being president of the Community of Madrid on the date of the facts, since according to the only document sent by the Community of Madrid itself supporting the alleged infringement, the de facto amendment was materialized at its request. The president of the Community of Madrid has publicly acknowledged her responsibility in the decision whose legality is the subject of investigation ", concludes the prosecutor.
The last word on the relevance of investigating Aguirre for these events will be the Madrid Court, which will resolve the Anti-Corruption appeal in the coming weeks.
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