The judge of the National High Court Manuel García Castellón has refused to annul the case against the 13 members of the Committees for the Defense of the Republic (CDR) by ruling out that they had suffered defenselessness that impaired their right to defense due to the existence of a secret investigation of the that derives their case and to which they have not been able to access.
The defenses of six of the thirteen CDRs processed requested the annulment of the case after learning that it was directly related to a previous judicial investigation, opened in 2017 and that it has remained under summary secrecy since then. Secrecy implies that the case is known only to the judge and the prosecutor, and not to the defenses.
Hence the defenselessness alleged by the lawyers of the Alert Solidària collective: the defenses argue that not having had access to the judicial investigation from which the case derives, which remains under secret, diminishes their right to effective judicial protection and their right to defending.
The alarm light of the defenses was lit by a letter from the Prosecutor’s Office in which it asked to incorporate part of the secret proceedings as documentary evidence for the trial against the CDRs. In addition to requesting the annulment of the judicial case against the CDRs, the defenses asked to lift the secrecy of the secret proceedings of the year 2017, which would include the indications that led to the wiretaps of the defendants, one of the main evidence in the case.
In one order, the judge dismissed the defense petition, concluding that “there is no material defenselessness whatsoever.” The judge accepts all the arguments of the Prosecutor’s Office – in fact he traces several of its paragraphs – and qualifies as “artificial” the request for annulment of actions raised by the defenses.
According to the judge, the secret investigation from which the CDR case derives is still in the investigation phase, so that “it is not possible” for the defenses to access it, without prejudice to the fact that “once the secret has been raised , I asked if it is convenient “.
In any case, the magistrate decides that the investigation in which the thirteen CDRs are prosecuted based on a main proceeding does not imply that there are proceedings that affect them, since the only evidence that may be used against them are the proceedings that do They are incorporated into the summary “and nothing that is not collected by said testimonies can be used against them.”