Wednesday, August 10

The Constitutional Court rejects the request of IU and the PCE to investigate Juan Carlos I

The complaint of the United Left and the Communist Party against Juan Carlos I will end in Strasbourg. The Constitutional Court has decided to reject the appeal that the two parties filed against the Supreme Court’s decision not to open a criminal investigation into the finances of the emeritus king and the next step that both formations will take is to take the case before the European Court of Human Rights .

IU asks the Supreme Court to reactivate its complaint against Juan Carlos I after the reopening of the Corinna investigation at the Hearing

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In a letter of October 13, the court of guarantees decreed the inadmissibility of the amparo appeal filed by both parties. A letter in which the magistrates explain that “the Section has examined the appeal presented and has agreed not to admit it for processing because it does not appreciate the special constitutional significance” required to be studied for a sentence.

The two political parties demanded that the Constitutional Court force the Supreme Court to admit their complaint and open an investigation. The two parties, together with the Forum of Lawyers and Lawyers of the Left, have been promoting a lawsuit against the emeritus king since 2018 since the publication of some recordings in which Corinna Larsen, former lover of the monarch, acknowledged the collection of commissions by Juan Carlos of Bourbon. Over time, the complaint was pointing to new evidence investigated by both the Anti-Corruption Prosecutor’s Office and the Supreme Court Prosecutor’s Office: possible tax crimes, the use of opaque cards revealed by and finally the tax regularizations worth 4.5 million of euros.

The criminal chamber of the Supreme Court has rejected the various complaints and requests to reactivate the case. The judges of the chamber presided over by Manuel Marchena understand that the allegations of IU and the PCE are based on news known through the press and have come to denounce “a selective regularity that hides a professionalization of the exercise of popular action.” In that same order, the Supreme Court also decreed the filing of another similar complaint filed by √ímnium Cultural.

Both parties and the Forum of Lawyers and Lawyers of the Left took the case under the Constitutional Court alleging that the successive refusals of the Supreme Court had violated the right to a reasoned resolution and an “efficient and effective” investigation, denouncing “partiality and animosity” by part of the judges based on their statements so critical of the exercise of the popular accusation. The appeal, now rejected by the Constitutional Court, assured that the known facts of the investigation into the monarch in the last year gave “credibility” to his complaint and that therefore the expressions of the Supreme Court must be qualified “as an objective indication of his loss of appearance of impartiality “.

Sources of the parties that are promoting the complaint understand that now is the time to take the case to Strasbourg as it is a matter of “great importance” due to the “feeling of impunity left in a large part of society” by the fact that the Supreme has not wanted, for now, to investigate the emeritus king. They understand that these decisions of the criminal court have violated the fundamental right of these parties to effective judicial protection.

The Prosecutor’s Office will archive the case

Meanwhile, the triple investigation of the emeritus king and his fortune is on its way to the file in the Office of the Supreme Court. The representatives of the Public Ministry understand that the combination of the inviolability that protected Juan Carlos I until his abdication and his regularizations before the Treasury shield him from any type of criminal action. The first investigations emerged three years ago in the Anti-Corruption Prosecutor’s Office and in 2020 they passed into the hands of the Supreme Prosecutor’s Office and a team led by Juan Ignacio Campo, currently a lieutenant prosecutor of the high court.

The first phase of the investigation dealt with the collection of tens of millions of euros in commissions by Juan Carlos I for his intervention in the award of the construction works of the AVE to Mecca to Spanish companies. Some commissions that, supposedly, were hidden from the Spanish treasury. In this case, from the beginning, the Prosecutor’s Office made it clear that the collection of commissions was outside its scope of action since it was prior to 2014 and therefore when it was still protected by its inviolability.

The following open investigation was revealed by the use by the monarch and more members of his family of opaque credit cards and behind the treasury. To deal with the debt with the Treasury derived from the use of these cards, his defense presented a first regularization of more than 600,000 euros. The third and final branch of the case is related to a millionaire fund on the island of Jersey allegedly linked to the monarch emeritus according to a report sent by the anti-money laundering services.