The 'Tsunami' judge charges against the prosecutor of the case and reminds him that his mission is to "promote the action of justice"

Rejects a new attempt to remove another of the police officers who acts as private prosecutor in the case

MADRID, 13 Feb. (EUROPA PRESS) -

The judge of the National Court that investigates the role of 'Democratic Tsunami' in the altercations after the sentence of the 'process' in the fall of 2019 has charged in a car against the prosecutor of the case, Miguel Ángel Carballo, to which he remembers that the Ministerio Público "tiene por misión promote the action of justice in defense of legality".

He does so in a car, to which Europa Press has had access, in which he rejects the attempt by the investigated Marta Molina to remove the police officer Iván Álvarez Fanginas from the accusation.

Given that the prosecutor supported this attempt to remove the police officer from the case by understanding, as the judge recalls, that there was a lack of connection between the serious injuries suffered by Álvarez Faginas and the facts under prosecution, the magistrate calls Carballo to "reflect on the singular fact" that it must be the instructor who has to insist on investigating.

In line, García Castellón reminds Carballo that the evidence in this case "points towards the legitimacy of appearing as a private accusation of a person who suffered serious injuries, allowing him to claim the rights that may correspond to him as such."

In the resolution of the magistrate, who sees indirectly the crime of terrorism by the organizers of 'Tsunami' - among whom he places the former Catalan president and MEP Carles Puigdemont -, it is explained that Molina appealed to the personage of the lawyer who represents Álvarez Fanginas upon understanding that there was a "lack of legitimation."

And remember that the prosecutor adhered to Molina's claims "understanding that the alleged injuries suffered by the agents in attendance have no relation to the investigations carried out in this procedure."

To this he responds that if the jurisprudence is reviewed, there is the possibility of imputing to the members of an organization who occupy positions of hierarchy, "acts whose material execution has been carried out by others."

After this, the magistrate indicates that he has already ruled in a previous order on the legitimacy of the up to three agents injured in the case, so he refers "entirely" to that resolution.

Although he does believe it is pertinent to reflect some paragraphs of that order of January 24, such as the one that explains that due to the place where one of the injured agents received the impact - the head - and the position of the aggressor "a difference could be seen. intent to injure or murder."

He also recalled in that order that the injuries were "very serious", so much so that it had "such a public impact" that it even led to the President of the Government, Pedro Sánchez, going to visit them at the Hospital where they remained admitted.

"That is why this action cannot be minimized nor the serious result it caused, incompatible with the right to life and physical integrity recognized in article 15 of the Constitution, and article 2 of the European Convention on Human Rights, and of which those investigated could be participants," he pointed out.