The judicial struggle of the families of elderly died in geriatric families of Madrid persists during the first months of pandemic. The Prosecutor’s Office has filed nine complaints to investigate possible nursing abandonments as of March 2020 in residences of the Community of Madrid … and know if they denegated the health benefit for discriminatory reasons.
As detailed in a statement of the Madrid Public Ministry, last November, the Superior Prosecutor of the Community of Madrid, Almudena Lastra, held a meeting with several representatives of the Digital Platform Mareas de Residences and the Association Truth and Justice for the victims in the residences that demanded responsibilities to the workers and coordinators of several residences in Madrid for not referring their elders to a hospital when they became ill. During the meeting, they delivered a collective complaint filed on behalf of 109 relatives of 115 people deceased. Of these complaints, the Prosecutor’s Office has prosecuted nine issues, whose deaths had not been investigated.
It should be remembered that since 2020 there are already more than 60 files filed about deaths in residences of seniors. As revealed on February 18, the State Attorney General, Álvaro García Ortiz, the Provincial Prosecutor’s Office of Madrid and the three Prosecutors are reviewing one by one the more than 100 cases collected in the collective complaint presented by victims associations in October.
The socialists’ offensive against Ayuso in recent weeks, coinciding with the fifth anniversary of the COVID, for the eldest died in geriatrics has been intensified on all possible fronts. The issuance in RTVE of the documentary ‘7,291’ has caused several politicians to load against the president of the Community of Madrid and the management of the regional executive in the first months of Pandemia. Therefore, the Ayuso government moved last Wednesday through a statement that the real number of deaths in residences was 4,100 and not 7,291 as defended by the left.
Thus, on November 6, the prosecutor signed a decree in which she requested the remission of a copy of the complaint and the digital archives that accompanied her to the Provincial Prosecutor’s Office of Madrid and the area prosecutors. Specifically, it is intended to investigate the possible commission of a continuous crime of article 511 of the Criminal Code (denial of health benefit for discriminatory reasons) by “the reference geriatricians of the different services of the Community of Madrid and of the hospitals based in their respective territories.” As mentioned above, nine complaints have been filed in this way. The majority of the previous investigations were studied for possible crimes of omission of the duty of relief and/or reckless homicide.
Following this last complaint, four preprocessal investigation proceedings have been initiated in which it was found that they had not been part of any other open judicial procedure and, therefore, the corresponding complaint was filed. As of December 30, 2024, and with respect to the other procedures open before this complaint, there were another eight in process: two in Madrid, two in San Lorenzo de El Escorial, two in Collado-Villalba, one in Majadahonda and another in Torrelaguna.
54 judicial procedures
As for the resources filed by the prosecutor against the archive of some procedures, the figure amounts to 17, six of them in the previous year. To this list we would have to add the two accessions to the resources presented by the accusations. Finally, from September 30, 2022 to December 31, 2024, the judicial bodies have filed 54 judicial procedures, of which 41 have already acquired firmness and another 13 are pending that the appeal is resolved against their dismissal.
In the Getafe-Leganés Area Prosecutor’s Office, a preprocessal investigation diligence has been initiated without a complaint or any complaint by any complaint or complaint. Prior to the last complaint, two criminal procedures are currently opened. Three others have already been filed definitively and another is pending to resolve an appeal from the Prosecutor’s Office.
In Alcalá de Henares, 13 investigation proceedings were initiated, one for each old man who died in their territory. In eight of them, the remission was agreed to different courts for existing procedures in which the same facts had already been investigated, or they were still being investigated. In the remaining five, the relatives of the deceased were summoned to take a statement. In two cases it could be verified that they were already prosecuted, and in the other three complaint has been made, two in Alcalá de Henares and one in Torrejón de Ardoz.
On the other hand, in Móstoles-Fuenlabrada, 28 preprocessal research proceedings were initiated, which correspond to 30 deaths when the circumstance that, in two of them, the investigation of the death of the two parents of the complainant is interested. In 21 cases there had already been a judicial cause. Of these, twelve were already dismissed by the Provincial Court and the rest continue in an instructional phase.
On the other seven issues that the Móstoles Prosecutor’s Office still has open investigation proceedings, five of them are pending to receive the report from the Forensic doctor. While in the other two, which already have the relevant report, the corresponding complaint has been filed.
«In file without further performance»
The PP spokesman in the Madrid Assembly, Carlos Díaz-Pache, has expressed this morning at the press conference after the Board of Spokespersons of the Madrid Assembly that the complaints filed by the Madrid Prosecutor’s Office will end “in Archive without further performance”, as the previous 63.
“What happens with the Prosecutor’s Office is that it has been taken by the Government of Pedro Sánchez,” he has launched after criticizing that the State Attorney General, Álvaro García Ortiz, has “taken control of corruption cases that have to do with the government of Sánchez.”
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