García Castellón files Tsunami case after National Court setback, annulling its extension

A formal error by Judge Manuel García Castellón has led to one of the causes that could complicate the amnesty for the archived trial. The magistrate has agreed to drop the Tsunami Democràtic case a few hours after the National Court has declared its entire investigation invalid since July 2021 because the judge extended the investigation of the case beyond the permitted time limit.

The first practical consequence of the filing of the case is that the five persons under investigation who remained in Switzerland, including the ERC General Secretary, Marta Rovira, can now return to Spain without the risk of arrest. The filing of the case with the National Court would also have to be agreed with the Supreme Court, where the investigations are being conducted against Catalan MPs Carles Puigdemont and Rubén Wagensberg, since the annulment of the instruction would have full consequences for the former President and the deputy of the ERC.

By mid-afternoon on Monday, everything had changed in a case that the judge had turned into a battering ram against the amnesty. The instructor had even adopted in court orders the decisions of Congress during the processing of the rule, which now no longer has to decide whether it applies because the case has already been filed.

The Criminal Chamber of the National Court has granted the appeal of lawyer Marina Roig, who defends ERC leader Marta Rovira, concluding that Judge García Castellón extended the case one day later than the legal deadline of July 2021. The judge's error nullifies all instructions since then, including the reactivation of a case which coincided with the negotiations for the amnesty and the investiture of Pedro Sánchez in November 2023.

In his car, García Castellón (who, according to legal sources, was on vacation this Monday) will take over the Criminal Court hearing in a few hours. The magistrate explains that he cannot prosecute those investigated because he has not taken their statements, a procedure that he can no longer do because the entire case has been declared invalid since July 2021, including most of the accusations from November 2023.

The magistrate also agrees to send a testimony of his resolution “in view of the importance” of the order of the Criminal Chamber of the National Court, to the Second Chamber of the Supreme Court “because of its coherence and other consequences that may arise in his case. proceedings.” particular”, in a veiled reference to the file of the Tsunami case for Puigdemont and Wagensberg.

Of course, the magistrate insists that, despite his agreement to file the case, the proceedings (essentially police reports) that have now been annulled “unambiguously indicated the commission of acts that could be classified as a crime of terrorism”, although I can no longer investigate it and have to archive it.

Rovira, closer to the return

The Tsunami Democràtic case had become one of the ways that Judge García Castellón and the Supreme Court had found to torpedo the amnesty for the independentists. After the National Court’s resolution on Monday, these attempts, including the possible submission of a preliminary ruling to the European Justice for amnesty for a terrorism crime, will come to nothing if the case is archived.

The order of this Monday opens the door for the return of Wagensberg, Rovira (who was granted amnesty by the Supreme Court for his case in the trial) and the rest of those who were investigated for the Tsunami and who remained in Switzerland. They are the leader of Òmnium Cultural Oleguer Serra, the journalist Jesús Rodríguez and the businessman Josep Campmajó. Another situation is that of Puigdemont, to whom Judge Llarena refused to grant amnesty for 1-O and still risks being arrested if he sets foot in Spain.

The choice of Switzerland was not a coincidence. The Swiss country He had refused three times to cooperate with Judge García Castellón by confirming that the cause of the Tsunami was “political in nature”. Swiss law also prohibits extradition for political reasons. Thanks to Judge García Castellón’s mistake, there will be no more extradition requests because of the Tsunami.

Source link

Leave a Comment

api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api api