The magistrates of Section 21 censure the “procedural subterfuge” of Judge Aguirre to open a separate piece and continue investigating after the same court had annulled the extension of the investigation
The Barcelona hearing this Tuesday ordered the archiving of the investigation into the so-called Russian ‘procés’ plot. A separate piece opened by Judge Joaquín Aguirre, head of Instruction 1, after the same court, that of Section 21, the extension of the investigations was overturnedand ordered him to either close the case or send it to trial. Now, the magistrates censure that Aguirre used “procedural subterfuge” to avoid said resolution and thus incurred a “fraud of law.”
It was last June, when the instructor opened a separate piece on Russian interference, to investigate the former Catalan presidents Artur Mas and Carles Puigdemont, opening the door to charging the latter with high treason; illegal act excluded from the amnesty. As Puigdemont was a member of the Parliament, and therefore qualified, Aguirre submitted a reasoned statement to the Supreme Court, the only one competent to do so. At the moment, the high court has not yet ruled on the matter.
In the order that now definitively overturns the investigations into the Russian plot, dated December 17, the Barcelona Court notes that the instructor, with the opening of the new separate piece, «fails to comply with a final court rulingviolates the fundamental right to judicial protection, the right of defense, the constitutional principles of legality and legal security, as well as essential rules of procedure and constitutes a fraud». The magistrates thus indicate that “it is null and void and should not produce any effect, which entails the nullity of all judicial actions that derive from it and the filing of the separate piece that arises from it.”
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