Angela Martialay Madrid

Madrid

Updated Monday, January 29, 2024-15:50

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The head of the

Central Investigative Court Number 6

of the National Court, Manuel García-Castellón, has agreed to the six-month extension of the investigation of the Tsunami Democratic (TD) case due to the lack of procedures to be carried out and the appeal to the Court being pending. Criminal Chamber, as well as the decision of the Supreme Court regarding the reasoned statement submitted by the instructor sending him the evidence against the former Catalan president Carles Puigdemont.

In an order, in which he also rejects the expiration of the deadline alleged by the investigated head of former president Puigdemont's office,

Josep Lluís Alay

, García-Castellón explains that he initially extends the case until July 29, without prejudice to the extensions successive periods of six months or less that could be agreed upon if appropriate before the end of that period.

The magistrate, in his resolution, indicates that from the results of the investigations carried out, it is indicatively inferred that Tsunami Democràtic (TD) was a structured, hierarchical organization with a vocation for permanence, directed by several people with diverse roles that extended its scope of action in specific plots and with other people in their charge, whose essential purpose was to subvert the constitutional order, economically and politically destabilize the State and seriously alter public order through massive social mobilization.

He adds that Tsunami was the result of planning carried out by different people for the execution of large-scale actions, with a vocation for permanence, capable of mobilizing a mass of people in a way that compromised the economic, social, business and institutional stability of Spain.

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García Castellón explains that its development had been planned for some time and that its launch took place on August 28, 2019 as a social mobilization initiative in response to the procés

ruling

. For the judge, it is striking to note how "there is reference to the fact that Òmnium will report directly to President Puigdemont, and may consider, based on the information provided by the GC, that both this foundation and Mr. Puigdemont could have participated in the appearance of the organization, points that must be clarified in the investigation".

The instructor recalls that the investigation has been complex and has required actions outside the national territory with the issuance of letters rogatory and European investigation orders to the

US, Switzerland, Canada and the Netherlands

that required successive extensions, which has taken longer periods. for its execution.

García-Castellón mentions some procedures that remain pending such as requests for international aid, one of them to

France

to obtain a statement from the relatives of the deceased at the Barcelona airport of a heart attack during the protests, as well as another request to Switzerland to clarify the financing of the organization.

These requests, as well as other recently agreed investigation procedures, make it necessary to extend the investigation of this procedure.

In his order, the magistrate reiterates that since the provisional nature of this moment of the investigation and, without prejudice to further qualification, the facts investigated would be susceptible to being classified as a crime of terrorism under article 571 et seq. of the

Penal Code

. All of this, he indicates, in "light of the interpretation that this crime derives from the purposes provided for in article 573 of the Penal Code, in accordance with the provisions of Directive 2017/541 of the

European Parliament

and of the Council of 15 March 2017 regarding the fight against terrorism and the international treaties ratified by Spain and the European Union and which, in accordance with article 96 of the Constitution, are part of our internal regulations, so they must serve as a primary interpretation guide to when it comes to classifying the crime as terrorism".

It also cites Article 1 of the Council of Europe Convention for the Prevention of Terrorism and its annexes covering unlawful acts directed against the security of civil aviation, signed in Montreal on September 23, 1971, as a Protocol for the Suppression of Acts unlawful acts of violence at airports serving international civil aviation, adopted in Montreal on February 24, 1988.