The Superior Court of Justice of Madrid (TSJM) has rejected the complaint filed by Nacho Cano against the judge investigating him for crimes against foreigners and workers. He assures that it does not comply with the legal requirements and, furthermore, it is not apparent that the magistrate has incurred irregularities.
As reported by the TSJM, the Civil and Criminal Chamber refuses to admit the complaint for processing “as said document does not meet the required requirements legally so that it can take effect and the facts that the story presented attributes to the accused are also devoid of criminal nature”, which is the same criterion that the Prosecutor’s Office maintains.
The complaint was filed by the lawyers of Nacho Cano and the other three investigated in the case being investigated by the head of the Investigative Court number 19 of Madrid, Inmaculada Iglesias Sánchez. They consider that the magistrate incurred the crimes of prevarication and malicious delay in the administration of Justice, by favoring the complainant and, on the other hand, harming those investigated, in a case that they consider was irregularly distributed to the court.
The magistrates, in an order in which the president of the TSJM, Celso RodrÃguez, is a speaker, They reject that the judge has shown “partiality”has issued “arbitrary and unfair resolutions” and has maliciously delayed the procedure “to achieve an illicit purpose.”
Firstly, the magistrates argue that the complaint does not meet the requirements, since “the simple complaint signed by the lawyers who exercise the legal defense of the complainants, does not comply with legal requirements“. It highlights that they did not opt ​​for the formulation of a complaint “as incontestablely required by the Organic Law of the Judiciary” nor was the “special” power of representation required in these cases granted.
“The penal initiative chosen encounters, therefore, a double notable obstacle, which would completely prevent the admission for processing of the document that has been presented to us”, they conclude.
Manifest lack of foundation
However, the Chamber analyzes the content “in order to fully satisfy the fundamental right to effective judicial protection” and concludes that there is “a manifest lack of foundation in the criminal initiative carried out.” “No judicial resolution is identified in the complaint; “no order or ruling that could be examined in order to verify whether there is sufficient basis to understand that this arbitrary, voluntaristic, crooked and unsustainable application of the Law that constitutes the essence of the crime of prevarication has been carried out,” the magistrates affirm.
“We are witnessing, therefore, a clear evidentiary orphanhood, which prevents even examining the evidentiary basis with which they could tell the facts that led to the filing of the complaint,” they added.
Nacho Cano and the other three investigated by the head of the Court of Instruction 19 They have been summoned to testify on January 13six months after the case was opened following a complaint from a Mexican intern from the musical Malinche. This is a different process than the one that was opened in the 22nd Investigative Court against the intern Lesly Guadalupe for alleged threats to Malinche’s team, and which continues its course.
“Irregular” resolution
After learning of this resolution, Nacho Cano’s legal team has stated, in a statement, that the TSJM “irregularly resolves the complaint”with “an express resolution” that prevents, as required, Nacho Cano’s lawyers from providing the evidence they had announced and leaks the resolution to the media before it has even been communicated to the prosecution.”
“The TSJ has irregularly rushed into that resolution it has taken and its foundations are irrelevant, given that it will have to consider the set of conclusive evidence that demonstrates the seriousness of the accusations, once they are provided in the next few hours, as planned, and resolve prescriptively,” he adds. For these lawyers, “all this constitutes further proof of the corruption and the perversion of the judicial system in favor of the interests of the Government”.
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