Angela Martialay Madrid
Madrid
Updated Wednesday, March 6, 2024-15:00
Justice An association of prosecutors requests the resignation of García Ortiz for "dignity of the institution" after the setback of the Supreme Court
Courts Major blow from the Supreme Court to the García Ortiz Prosecutor's Office when opening a case against PuigdemontThe judges, unanimously, ignore the lieutenant prosecutor who wanted to free the fugitive from an accusation34 commentsCarles Puigdemont and Jordi Turull, from Junts, in an image from last November in Brussels.Carles Puigdemont and Jordi Turull, from Junts, in an image from last November in Brussels.EUROPA PRESSÁngela MartialayÁngela MartialayMadridMadridPREMIUMUpdated Thursday, February 29, 2024 - 22:42Justice The Supreme Court opens a case against Puigdemont for terrorism in the Tsunami while Junts negotiates the amnesty with SánchezCourts The lieutenant prosecutor of the Supreme Court rejects charging Puigdemont for lack of evidence in Tsunami. "The lieutenant prosecutor of the Supreme Court in her report questions the evidence one by one with a subjective interpretation of them, but this Chamber in cases of indicative evidence valued to distort the presumption of innocence, has already ruled out the error of trying to evaluate the evidence in isolation, since the probative force of the circumstantial evidence comes precisely from the interrelation and combination of the same." This is how he responded yesterday, in the order in which he opened the case. to the former Catalan president Carles Puigdemont, the Supreme Court to the attempt by the State Attorney General's Office headed by Álvaro García Ortiz to free the former Catalan president of an accusation for terrorism crimes in the midst of Junts' negotiation with the Government for the amnesty. The Chamber Admissions chaired by Judge Manuel Marchena maintained that "it is not acceptable to analyze each of those elements and give them another interpretation, or to isolate them from the body of evidence by drawing their own conclusions, since the convicting force of indirect evidence is obtained through the set of evidence." the indications", in response to Lieutenant Sánchez-Conde. Likewise, the Supreme Court, in a self-report by Juan Ramón Berdugo, recalls that it was Dolores Delgado herself, when she was Attorney General of the State, who maintained in the Prosecutor's Report of the year 2020 that "within certain sectors of the independence movement, mobilizations progressively increased and outlined the different dynamics, especially through the Democratic Tsunami and the attempts to paralyze the Barcelona airport and the attacks on public and police buildings," when analyzing the "violent Catalan independence movement." Yesterday the High Court ignored the criteria of Lieutenant Prosecutor Sánchez-Conde, who in turn had moved away from the path marked by a very large majority of Supreme Court prosecutors who did appreciate signs of terrorism against the leader of Together.
Furthermore, the final ruling issued by the Public Prosecutor's Office was preceded by enormous controversy due to the surprising change of opinion of the first prosecutor assigned to report on Puigdemont, Álvaro Redondo, as revealed by EL MUNDO. UNANIMOUS DECISION The Court unanimously considers,
that the behaviors analyzed in the Tsunami case fit into articles 573 and 573 of the Penal Code, that is, as terrorist crimes.
"There should be no doubt," the judges emphasize.
"Serious crimes against freedom, physical integrity, attacks, falsifications of documents and assets have been committed by the members of the movement," among others, the court stressed. In relation to terrorism, judges Marchena, Berdugo, Carmen Lamela, Julián Sánchez Melgar and Eduardo de Porres refer to the report of the Supreme Court Prosecutors Section Board, in its meeting on February 6: «It is not necessary that the author belongs to or is part of a terrorist organization or group, or acts in an associated or organized manner, so that any person who executes, even individually or collectively, any of the actions provided for the purposes expressed in the provision, will be the author or participant in a crime of terrorism." In this sense, The order indicates that there are several indications that would prove Puigdemont's participation in the events investigated.
Among them, it refers to the fact that from the beginning he was informed of the constitution of the group organized for the subversion of the constitutional order and serious destabilization of democratic institutions, preventing public powers from complying with their resolutions.
Furthermore, the resolution mentions the meetings in which he was present on the dates prior to the launch of Tsunami and recalls that Puigdemont appears directly involved in the campaign to promote and make this new structure publicly known. The Chamber concludes: "That plurality of indications credits functional mastery of the fact, absolute leadership, intellectual authorship and assumption of the reins of typical action, in such a way that he could have avoided the injury to the legal right and the course of iter criminis, withdrawing his charismatic support, but far from that he encouraged continue in the violent actions that were carried out with their knowledge and consent. Finally, the court yesterday appointed judge Susana Polo as investigator of the case, who, among other measures, will have to summon Puigdemont to testify;
currently on the run from Spanish Justice.
or acts in an associated or organized manner, so that any person who executes, even individually or collectively, any of the actions provided for the purposes expressed in the provision, will be the author or participant in a crime of terrorism." In this In this sense, the order indicates that there are several indications that would prove Puigdemont's participation in the events investigated.
Among them, he refers to the fact that from the beginning he was informed of the constitution of the group organized for the subversion of the constitutional order and serious destabilization of democratic institutions, preventing public powers from complying with their resolutions.
Furthermore, the resolution mentions the meetings in which he was present on the dates prior to the launch of Tsunami and recalls that Puigdemont appears directly involved in the campaign to promote and make this new structure publicly known. The Chamber concludes: "That plurality of indications credits functional mastery of the fact, absolute leadership, intellectual authorship and assumption of the reins of typical action, in such a way that he could have avoided the injury to the legal right and the course of iter criminis, withdrawing his charismatic support, but far from that he encouraged continue in the violent actions that were carried out with their knowledge and consent. Finally, the court yesterday appointed judge Susana Polo as investigator of the case, who, among other measures, will have to summon Puigdemont to testify;
currently on the run from Spanish Justice.
or acts in an associated or organized manner, so that any person who executes, even individually or collectively, any of the actions provided for the purposes expressed in the provision, will be the author or participant in a crime of terrorism." In this In this sense, the order indicates that there are several indications that would prove Puigdemont's participation in the events investigated.
Among them, he refers to the fact that from the beginning he was informed of the constitution of the group organized for the subversion of the constitutional order and serious destabilization of democratic institutions, preventing public powers from complying with their resolutions.
Furthermore, the resolution mentions the meetings in which he was present on the dates prior to the launch of Tsunami and recalls that Puigdemont appears directly involved in the campaign to promote and make this new structure publicly known. The Chamber concludes: "That plurality of indications credits functional mastery of the fact, absolute leadership, intellectual authorship and assumption of the reins of typical action, in such a way that he could have avoided the injury to the legal right and the course of iter criminis, withdrawing his charismatic support, but far from that he encouraged continue in the violent actions that were carried out with their knowledge and consent. Finally, the court yesterday appointed judge Susana Polo as investigator of the case, who, among other measures, will have to summon Puigdemont to testify;
currently on the run from Spanish Justice.
Yesterday the court appointed judge Susana Polo as investigator of the case, who, among other measures, will have to summon Puigdemont to testify;
currently on the run from Spanish Justice.
Yesterday the court appointed judge Susana Polo as investigator of the case, who, among other measures, will have to summon Puigdemont to testify;
currently on the run from Spanish Justice.
The State Attorney General,
Álvaro García Ortiz,
has used his casting vote to protect the Supreme Court prosecutor,
Álvaro Redondo
, who, as EL MUNDO revealed, retracted within 72 hours on the evidence of terrorism against the former president of the Generalitat
Carles Puigdemont.
Redondo has not had the support of his association, the
Association of Prosecutors,
which voted this Wednesday against protecting him against "several press articles" that criticized his surprising change of opinion regarding the fugitive's participation in the case of Democratic Tsunami.
The AF has indicated that freedom of information takes precedence in this case.
The Fiscal Council has finally granted protection to prosecutor Redondo thanks to the casting vote of García Ortiz, architect of the tiebreaker.
Fiscal sources explain that the attorney general, the two natural members (lieutenant prosecutor of the Supreme Court
Ángeles Sánchez-Conde
and inspector
María Antonia Sanz
), the two members of the Progressive Union of Prosecutors and the member of the Professional and Independent Prosecutor,
Salvador Viada.
The six councilors of the Prosecutors' Association, to which the conservative Redondo belongs, voted against.
As this newspaper revealed, prosecutor Álvaro Redondo issued a first 63-page report, dated January 26, where he stated on five occasions that the actions of Tsunami Democràtic were classified as terrorism crimes.
Three days later, he sent a second report to his colleagues on the Board of Criminal Prosecutors, arguing that the evidence "was too open."
This legal criterion, a minority among the prosecutors of the High Court, but defended by García Ortiz's right hand, the lieutenant prosecutor, was overturned by the Second Chamber of the Supreme Court, which held that the facts investigated in Tsunami fit into the crimes of terrorism without a doubt and that Puigdemont exercised "absolute leadership" over the movement created to respond to the 1-O ruling.
This scandal within the Public Prosecutor's Office has left the State Attorney General in a very delicate position, who has shown the Government that he is incapable of controlling the most sensitive matter on which the Prosecutor's Office had to report in the midst of amnesty negotiations.
Furthermore, the unequivocal terms in which the Supreme Court disavowed the lieutenant prosecutor when opening a case against the leader of Junts, preceded by the role played by prosecutor Redondo, have generated "stupor" and "embarrassment" within the Fiscal Career.