• Facts Marlaska stops the investigation of corruption in the Civil Guard

  • The Marlaska instruction ignored the judge investigating the 'Barracks case' three times

The

Ministry of the Interior

did not prevent the expert who was going to examine the alleged ghost works in the Civil Guard barracks from resigning from her role despite the position of the

judge, the Prosecutor's Office and the State Attorney's Office

.

In addition, the department headed by

Fernando Grande-Maraslaka

did not respond to the request of the Lawyers to hire more professionals, understanding that one was insufficient for the volume of work involved in analyzing 13 command posts with their respective barracks.

According to the judicial chronology, with its silence and the dilation of time, the ministry has slowed down the procedure for nearly a year.

The withdrawal of this architect meant a trip to the investigation of the magistrate

María Isabel Durántez

since without the expert opinion, she cannot advance in her investigation.

Despite the protests of the State Attorney and the prosecutor, Interior did not redirect the situation as evidenced in the documentation to which EL MUNDO has had access.

From the time the judge requests an expert -January 2022, plus two reminders- until Interior tells her that she does not have staff (November 2022), ten months pass

The Public Prosecutor's Office pronounces itself emphatically, as does the Legal Profession.

"None of the legally recognized causes of abstention that excuses him from the obligation imposed by article 462 of the Criminal Procedure Law are invoked or justified," insists the prosecutor.

The designated architect refused to do the work in June 2022. The instructor, through an order dated July 18 of that same year, notified the Prosecutor's Office and the State Attorney's Office so that they could rule on the matter.

He wanted to know if it was possible to accept the resignation presented by the architect.

On September 22, the lawyer's response arrived.

In her report, the lawyer not only asked that the departure of this professional not be accepted, but that it was necessary to name "several experts" instead.

On October 5, the Prosecutor's Office ruled in the same direction.

After emphasizing that the architect's refusal to carry out the expert opinion

was not "justified"

, he urged the department headed by Fernando Grande-Marlaska to resolve the situation.

"All this without prejudice to the fact that the General Sub-directorate for Planning and Management of Infrastructures and Resources, can propose to the court any other expert who can perform and assume the expertise entrusted."

The magistrate who is instructing what is now known as the Cuarteles case also expressed, through an order in the possession of this newspaper, the need to incorporate more than one architect into the investigation.

"It is considered appropriate to require the Ministry of the Interior to propose other experts who can carry out the expertise entrusted."

"The appointed expert - continues the judge -

does not allege any cause that legally prevents her from carrying out the expertise entrusted to her

" and recalls the "duty of collaboration" established in article 17.1 of the Organic Law of the Judiciary.

"All persons and public and private entities are obliged to provide, in the manner in which the law establishes the collaboration required by judges and courts," she recalls.

She in her car agreed not to accept the resignation and so communicated.

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  • Ministry of Interior

  • Civil Guard

  • THE WORLD

  • Fernando Grande-Marlaska