The Prosecutor’s Office of the National Court has filed an appeal against the decision of Judge Manuel García-Castellón, instructor of the Democratic Tsunami case, to request the Supreme Court to take up the case and investigate the former president of the Generalitat and current MEP, Carles Puigdemont, for terrorism; to the general secretary of ERC, Marta Rovira, and 10 more people. The public ministry understands that the head of the Central Court of Instruction number 6 has incurred a “flagrant contradiction”, since 15 days ago he considered that it was not appropriate to submit a reasoned statement to the Supreme Court so that it could take over the case, because the investigation was not exhausted. For this reason, the prosecution affirms that the judge has made the decision “without any basis, without new proven facts” and without there being “new indications of criminal responsibility regarding the accused” Puigdemont and the Catalan parliamentarian Ruben Wagensberg. And he also considers that García-Castellón has modified his own resolution already signed, contrary to a precept of the Judiciary Law.
The prosecution’s appeal was disclosed this morning, the day after García-Castellón’s request to the Supreme Court became known and this judge sent a rogatory commission to the Swiss authorities – a judicial aid procedure between States – to that the Swiss police locate the general secretary of ERC, Marta Rovira, who has fled to that country since March 2018, as a preliminary step to request her arrest and delivery to Spain.
The prosecution’s brief focuses on the contradiction that García-Castellón incurs in presenting a reasoned statement, since on the 6th he refused to do so when he accused Puigdemont, of whom he knew his status as an authorized person. The resource collects the words that the instructor of the Tsunami case: “This magistrate understands that it is not appropriate at this time to make a reasoned statement, but that it will be necessary to specify more precisely his participation in the events (…) Since the investigation has not been exhausted, it is not appropriate to agree on a reasoned statement.”
Prosecutor Miguel Ángel Carballo affirms that the judge, by doing the opposite of what he wrote, ex officio reforms his own resolution not to elevate the case to the Supreme Court and that he does so “without any basis, without new proven facts and without any “No procedure has been carried out that has gathered new evidence of criminal responsibility with respect to the accused Rubén Wagensberg Ramón and Carles Puigdemont Casamajó.”
Carballo emphasizes that this modification has been made “against article 267.1 of the organic law of the Judiciary”, which states: “The courts will not be able to vary the resolutions they pronounce after they have been signed, but they will be able to clarify any obscure concept and rectify any error. material from which they suffer.” The prosecution asserts that “this does not turn out to be the case.”
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García-Castellón’s ruling on November 6 provoked a quick appeal by the Prosecutor’s Office before the Criminal Chamber of the National Court, where they rejected that it was a case of terrorism, but of aggravated public disorder, and did not find sufficient evidence to impute Puigdemont. But García Castellón has not waited for the Court to resolve this appeal and before said instance decides on the accusation of the Junts leader, he has addressed the Supreme Court to study whether he should take on the case.
In the aforementioned appeal, the public ministry explained that the evidence to charge Puigdemont was “insufficient.” He also added that the National Court lacks the powers to continue with these investigations, so they should be sent to the Catalan courts, since during the four years of investigation, not enough “elements” have been found that allow “to maintain the existence of a criminal organization or group, nor the terrorist nature” of the acts under suspicion.
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