Friday, March 29

IU resorts to the Court of Strasbourg before the refusal of the Spanish justice to investigate Juan Carlos I


Izquierda Unida has appealed to the Strasbourg Court considering that the Spanish justice system has violated two rights in its refusal to investigate the alleged crimes of Juan Carlos I. The political party’s appeal to the European Court of Human Rights criticizes the “opaque” nature of the investigation that the Prosecutor’s Office carried out around the facts attributed to the king emeritus, in investigative proceedings kept secret for two years, while denouncing the interpretation of the inviolability that the Supreme Court made, rejecting the complaint presented by the United Left itself , whose appeal before the Constitutional Court also failed.

The Prosecutor’s Office closes the investigations into Juan Carlos I alleging that the crimes prescribed

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The political party, which resorts to Strasbourg together with the Communist Party of Spain and the Forum of Lawyers and Lawyers of the Left, considers that effective judicial protection has not been respected insofar as the investigation proceedings of the Prosecutor’s Office are “outside” the judicial system, correspond to a hierarchical institution whose head is appointed by the Government and its development is “vetoed to the public” and does not allow any appearance, explain sources from the political formation, who consider that the right to a fair trial has been violated .

On the other hand, in IU they understand that the files on the two complaints filed with the Supreme Court have “a particular way of understanding the constitutional concept of inviolability.” “It is interpreted as a kind of immunity to go unpunished for the commission of any crime,” they add, while citing the recent decision of London judge Matthew Nicklin, who has ruled out that the inviolability of the king emeritus protects him from the complaint filed by his former extramarital partner, Corinna Larsen, for harassment and threats.

The complainants also claim that the right to a fair trial has been violated in Spain in reference to the actions of the magistrates who rejected their complaint in the Supreme Court. In the filing order, the judges of the High Court denigrated the plaintiffs with expressions such as “professionals of popular action”. IU considers that there is an appearance of lack of impartiality similar to the one that earned Spain a sentence for the expression of Judge Ángela Murillo during the trial of Arnaldo Otegi “I already knew that I was not going to answer this question.”

The claims before the ECHR must be made through a standard form in which the facts and the violations that are reported are indicated and to which annexes must be attached, as in the case of IU, which has attached a total of twenty documents. The Strasbourg Court will first analyze whether the claim meets the admissibility criteria, both formally and substantively. If it is admitted for processing, a long process will start in which Spain will have to appear to make its allegations to the demand.

The Prosecutor’s Office filed last March the triple investigation that it kept open around Juan Carlos de Borbón and his fortune, alleging that the alleged crimes are prescribed or that the acts were committed when the then head of state enjoyed inviolability. The investigators understand that the possible tax crimes were committed before 2011, so they would already be prescribed, or that they were committed when the monarch was still protected by his inviolability.



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