The Álava Court will review the closure without trial of the Osakidetza medical examinations case

The Provincial Court of Álava will review the closure without a trial of the investigation into allegations of leaks in the 2018 Osakidetza medical examinations. It will do so, at least, at the request of the LAB union, which has already announced that it will present an appeal and that will continue fighting for recognition of irregularities. The other union represented, ESK, also analyzes the order of the Vitoria judge who signed the file, Blanca Ester Díaz Pulido, the fourth instructor of the same case but the only one who has ruled on the merits. The case was opened by an investigation by the Prosecutor’s Office led by the first person senior prosecutor, Carmen Adán. The prosecutor’s office, when asked by this newspaper, assures that it is also “studying” a possible appeal.

Of course, several judicial sources insist that the criminal record of this case is “null.” It has caused a lot of discomfort in some areas that the investigating magistrate left the file paralyzed for years or that exams or communications have not even been reviewed to verify whether or not leaks occurred. “It has been a disaster,” summarizes a person who has participated in the summary. The delays have also ruined other cases or reduced the penalties, including the most relevant corruption cases of recent years such as De Miguel, Balenciaga, Margüello or Bravo.

Likewise, reading the order has hurt people who reported the leaks at the time. “Who is going to take the step given what is happening?” some of these people privately lament. One of the complainants, Roberto Sánchez, has given an interview to TVE with his name and surname. “It more or less calls us lazy or envious. And it makes me a little angry. [El auto] A PNV Government could have written it,” he complained about some personal allusions to those who testified as witnesses. About him, for example, he points out on four occasions that he studied Arabic and not for the exams. “Who did Roberto Sánchez hear say that, prior to the exam, the questions were passed, the member of the court to whom they paid homage called you and gave you the questions? Once again a statement lacking foundation and rigor. “He confirms that he appeared for the OPE but that instead of preparing for it, he studied Arabic,” the judge wrote.

Regarding Dr. Izaskun Obieta, a member of the Cardiology court and who also warned of these practices, he degrades them to “pure conjectures and speculations.” “And to top it all off, said witness concluded her statement by stating that she had taken two OPEs, that she got a place in the second, and that of course, the exams had not been leaked to her,” it can be read.

The closure of the investigation has left a cascade of reactions. However, for the moment only LAB has stated that it wants to continue fighting in court. He describes the resolution as “unfair” and understands that “impunity is not admissible.” It also demands some recognition for the complainants for the “pressures” to which they have been subjected. According to LAB, the conclusions “do not question” or dismantle the solidity of the complaints and insist that the manipulated oppositions were ‘vox populi’ in Osakidetza, which is why they emphasize that the problem lies with the Justice, which has no “will to want get to the bottom.” “Justice today is giving these practices a very dangerous halo of impunity,” adds LAB. He also regrets that the Prosecutor’s Office has gone from championing the complaint to making a “turn” towards other positions. “It’s a shame. Impunity operates like this. Without hesitation,” adds ESK.

The Medical Union of Euskadi (SME) has also changed its speech. At the time, in 2018, it published a report in which it warned of leaks not only in the categories that were prosecuted but even in more. He talked about “corruption” and that it was a story that repeated itself, because in 2011 something similar would have happened. Now, he has spoken out with a statement: “Unfortunately, at this point, there is no way to restore the damage caused to members of courts, opponents and even officials of the Osakidetza itself, who were dismissed or forced to resign at the time.” . The report they prepared at the time is no longer accessible on their website.

These events have led the PNV to congratulate itself on the judicial resolution and to denounce a “political, union and media hunt” surrounding this case. The investigation led to the Minister of Health, Jon Darpón. He is the only one who has resigned in the long period of Iñigo Urkullu, who has already left office but who took a few hours to make statements regarding this news. The general director of Osakidetza, María Jesús Múgica, who even received help from Ertzaintza agents to avoid journalists when she passed through the court as a simple witness, and the director of Human Resources, Juan Carlos Soto, were also dismissed.

The nationalist spokesperson in the Basque Parliament, Joseba Díez Antxustegi, assures within the argument that it is time to “restore” the good name of these people who should resign who years ago encouraged this case, in a veiled reference to other political parties. This newspaper has extended an invitation to some former defendants and ex-charges to express their point of view and they have declined. The completion of the investigation also implies the lifting of the suspension of the allocation of places, although in some cases the reality has been surpassed by transfers or by new oppositions that have overlapped in recent years. It so happens that modifications were introduced in the opposition model as a result of this case.