The judge of the National Court José Manuel García Castellón has ignored the requests of the Prosecutor’s Office, the popular accusations and the defenses of the CDR prosecuted for forming an alleged terrorist organization and has refused to extend the investigation of the case. The magistrate thus puts the fifth gear to close the summary and send the independence activists to trial.
The National Court disfigures the judge who vetoed key evidence for the CDRs prosecuted for terrorism
The judge’s decision comes against what was requested by all the parties to the case, who wanted another six months or a year of more investigation to incorporate documents into the case, have time to analyze them and, where appropriate, request new evidence. . But the judge has rejected it, despite the fact that he has not yet transferred the defenses of the secret cases from which the investigation derives to the CDR, as ordered six months ago by the Criminal Chamber of the Court National.
Although the defenses still do not have a paper of the required causes, the judge assures that he has already agreed to send them, for which he understands that “it is not appropriate” to extend the investigation of the case. And he expresses his intention to conclude the summary of the case in 10 days, the step prior to sending the 13 prosecuted CDRs to trial.
According to the defense lawyer Eva Pous, from Alerta Solidària, the judge’s maneuver seeks a quick closure of the summary so as not to leave time for the defenses to study the two secret cases from which the investigations into the CDRs derive, which according to the lawyer they will present “multitude of irregularities, just like the whole case so far”.
It was in January when the Criminal Chamber of the National High Court ordered García Castellón to hand over the records by which he agreed to the telephone punctures in the case as well as the original “unedited” audio files, as well as the whole of the secret case from which the CDR case started. After six months, the defenses still do not have that cause, which began in 2017, a year before that of the CDRs.
The CDR cause stems directly from a previous judicial investigation, opened a year earlier and which has remained under summary secrecy ever since. The secrecy implies that the case is only known by the judge and the prosecutor, and not by the defenses. It is in this case where the indications that motivated the telephone interventions of the defendants, one of the main tests of the case, are recorded.
The National Court disgraced García Castellón that his refusal to facilitate the secret case “violates” the right to effective judicial protection of the accused recognized both in the Constitution and in the European Convention on Human Rights. No law “justifies in any way the practice of hiding part of the essential elements of the investigation process,” the judges stressed. To this day, the judge still does not fulfill that mandate.