The Prosecutor's Office of the National Court has requested that the investigation opened into the death of Iván Illarramendi, from Zarautz, be provisionally archived, who was murdered along with his wife Dafna Garcovich, a Chilean national, on October 7 in the Hamas terrorist attack on the Israeli kibbutzim closest to the border with Gaza. The Public Ministry requests the same measure in the case of Maya Villalobo, the 19-year-old girl, with dual Israeli and Spanish nationality, who was doing military service at the Nahal Oz base. It argues the impossibility of determining which specific people were responsible for said acts.
On December 1, the Prosecutor's Office presented the report requesting the provisional file of the case. Previously, he had received a police report that reflected that everything indicated that the two deaths occurred as a result of the terrorist act by Hamas.
It will be the Investigative Court number 3 that determines whether it follows the criteria of the Public Ministry or if it rejects it and decides to continue with the investigation of the two deaths. If the investigation was archived, as it was a provisional dismissal, it could be reopened in the event that new evidence about the cause arrived.
Start of investigation
The head of the Investigative Court number 3, María Tardón, accepted the case, understanding that the National Court was the competent court to investigate the facts. It was at that same moment when she determined the secret of the investigation into the deaths of Maya Villalobo and Iván Illarramendi.
Now it will be the Central Investigative Court number 3, whose head is Judge María Tardón, who must determine if it follows the criteria of the Public Ministry or if, on the contrary, it decides to continue with the investigation of the two deaths. In any case, the sources consulted point out that since this is a request for provisional dismissal, if new evidence is provided to the case it could be reopened.
The Association of Victims of Terrorism (AVT), appearing in the case as a popular accusation, has opposed this dismissal in writing, understanding that all information related to these events must be requested from the judicial authorities of Israel. Thus, it is important that the investigation procedures requested by the Head of the Information Service of the Civil Guard in November be agreed upon and that included issuing an international rogatory commission to obtain “information related to the investigation carried out by the Israeli authorities, including the expert report.” or judicial dossier prepared by the Israeli Prosecutor's Office that explains the causes and circumstances of the death of Maya Villalobo, Iván Illarramendi and Loren Pamela Gargovich -his wife– in the national territory of Israel.
The AVT recalls that the investigators had also requested the National Court to obtain from Israel the report prepared “on the authorship of the events, as well as a report relating to the claim for the attack in the national territory of Israel perpetrated (…) by the terrorist organization Hamas.
A month without news
The Ministry of Foreign Affairs and sources close to Iván Illarramendi confirmed on November 8 the death of the 46-year-old young man, about whom there had been no news since the massacre on October 7.
The slight hope that the relatives of Iván Illarramendi and his wife Dafna Garcovich maintained completely vanished. The couple was murdered by Hamas on the same day, October 7, in its attack on the kibbutz where they both lived. The worst possible outcome after a month of anguish due to the lack of news about her “disappearance”, as Danny, Ivan's father-in-law, always wanted to consider her. Israeli diplomatic sources confirmed on November 7 that the couple was never kidnapped by Hamas, but rather died in the brutal assault on Kibbutz Kissufin, a few kilometers from the Gaza Strip. The identification of the corpses has been delayed because they were burned and there were hardly any tissues to carry out the analysis.
The news was a blow to the family members and to Basque and Zarautz society. The City Council condemned the attack and called a rally to condemn the murders, which was attended by hundreds of people.
The mortal remains of Iván Illarramendi were transferred to Zarautz, where his funeral was held on November 17 in the parish of Santa María la Real. Family, friends and institutional representatives attended the ceremony, such as Nadia Calviño, the president of the Basque Parliament, Bakartxo Tejeria, the general deputy of Gipuzkoa, Eider Mendoza, and the mayor of the town, Xabier Txurruka. After the Eucharist, the mortal remains of Ivan were buried in the family pantheon.
The case of Maya Villalobo
Regarding the case of Maya Villalobo Sinvany from Seville, the Ministry of Foreign Affairs confirmed on October 11 the death of the 19-year-old Spanish-Israeli girl who was doing military service at the Nahal Oz base. located a few kilometers from the border with Gaza, and which had been missing since last Saturday, when the terrorist attacks by the armed wing of Hamas occurred on Israeli soil.
Until that day his whereabouts were unknown and it was even suspected that he could be among the kidnapped people. Hamas militiamen entered these Jewish military facilities and kidnapped several Israeli soldiers, as could be seen in several videos released after the operation by the Ezedín Al-Qassam brigades. Dozens of attackers took over the base after sneaking through a border fence. Since then his whereabouts were unknown.
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