Angela Martialay Madrid
Madrid
Updated Friday, February 2, 2024-14:54
The judge of the National Court
María Tardón
has sent a rogatory commission to Israel in which she requests judicial assistance from the authorities of that country in order for them to provide the court with all the information they have collected in relation to the authorship of the events, as well as such as the report relating to the claim for the attack carried out on October 7 by the terrorist organization Hamas and which caused the death of two Spanish citizens and the partner of one of them.
Specifically, in the resolution, Tardón requests from the Israeli judicial authorities information related to the investigation carried out "including an expert report or judicial dossier prepared by the Israeli Prosecutor's Office, explaining the causes and circumstances of the death" of the Spaniards
Maya Villalobo, Iván Illarramendi
and the latter's partner,
Loren Pamela Gargovich.
The judge also requests the report that would have been prepared by the judicial authorities of Israel, on the authorship of the events, as well as a report regarding the claim for the attack on the national territory of Israel perpetrated on October 7 by the terrorist organization
Hamas.
In her order, the judge explains that the Civil Guard reports collected by the prosecutor in his request for dismissal frame what happened in a context of information uncertainty typical of the type of violent actions and war scenarios, so the clarification of the facts and determining their specific authorship.
However, Tardón indicates that one cannot fail to take into consideration, as the private accusations brought in this case have raised, that the right to information constitutes one of the basic rights of the crime victim, as it comes included in the Victim Statute, which must lead this instruction "to the exhaustion of all investigative possibilities, gathering as much information as could be provided in this regard by the judicial authorities that could be competent in Israel, in whose territory the incidents took place. the facts".
The head of the
Central Court of Instruction Number 3
explains that all of this is without prejudice to the fact that, finally, the dismissal requested by the Prosecutor's Office must be agreed upon if a positive result is not obtained regarding the circumstances in which the citizens' deaths occurred. Spaniards, as well as their possible authorship.