He Court of Instruction number 31 of Madrid has rejected reopening the case for the so-called Delcy casein which the stay of the vice president of Venezuela was investigated, Delcy Rodriguezin it Barajas airport on January 20, 2020, understanding that none of the new facts provided by Vox has criminal relevance.
The aforementioned court already closed the case in 2020, considering that although Delcy Rodríguez was prohibited by the European Union from entering and transiting the Schengen area, The international transit area of a Spanish airport is not national territory. Later, in 2021, the Provincial Court of Madrid ratified it.
Last October, Vox requested the reopening of the procedure considering that there was “new evidence”, derived from the investigation carried out by the UCO of the Civil Guard in the so-called Koldo case. He also expanded his complaint against several people involved in said stay, such as the businessman. Victor de Aldamainvestigated as an alleged commission agent in the plot of Koldo case.
The Prosecutor’s Office opposed this request, alleging that these facts do not affect the legality or illegality of the presence in Spain of the Venezuelan vice president. Now the judge, in an order released this Wednesday by the Superior Court of Justice of Madrid (TSJM), states that “none of the new facts” reported by Vox “have any relevance to the case.” .
In the order, which is appealable, the magistrate states “that can’t understand the relationship that there may be between the present case, whose objective was to determine the action in the presence of a Venezuelan politician at the Barajas terminal, and the rescue or government subsidies to Globaliaan alleged purchase of gold for Banking and the intervention of such Koldo and Mr. Aldama”.
He adds that the alleged authorization of the President of the Government for the visit of Delcy Rodríguez that Vox points out has no criminal relevance “since that of the minister himself did not have it” José Luis Ábalosas the Supreme Court already said.
“None of these facts have criminal relevance in the present case, whose objective was always to determine whether the presence of Mrs. Delcy Eloina Rodríguez Gómez in Spanish territory, in the early morning of January 20, 2020, had a criminal nature, and these alleged facts do not convert the indicated indications are criminally relevant,” the judge concludes.
The magistrate recalls that the Supreme Court already stated regarding these facts that did not constitute a criminal offense “because they represented the violation of an obligation of a political nature, and in that area the corresponding responsibility had to be resolved.”
With this, the judge refers to the decision of the Supreme Court, of November 26, 2020, to archive the case arising from several complaints against the former Minister of Transportation José Luis Ábalos for the entry into the country of the vice president of Venezuela, when estimating that, although his stay violated a prohibition of the Council of the European Union, there was no crime.
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