Endorses the last extension but remember that from now on the resolutions must be accompanied by “sufficient motivation”
MADRID, 12 Dic. (EUROPA PRESS) –
The Criminal Chamber of the National Court has blamed the judge who is investigating the role of the ‘Tsunami Democratic’ platform in the riots after the sentence of the ‘procés’ that based its latest resolution on a “scarce or scant” basis. the one that agreed to maintain the secrecy of the proceedings until December 11.
Thus, in an order of the Third Section to which Europa Press has had access, the court, although it agrees that the secret must be maintained, indicates that the Central Court of Instruction number 6 from now on must “issue a new resolution in which explains the reason for the need” to maintain secrecy and accompany it with “sufficient motivation”.
The Chamber recalls that this motivation is necessary, especially when the measure of the secrecy of the proceedings “validates the possible affectation of the fundamental right of defense of the person investigated.” In this case, the court’s pronouncement responds to an appeal by the defense of the investigated Oriol Soler who asked that the secrecy be lifted and therefore the extension order be revoked.
According to the Chamber’s order, the instructor justified the last extension by indicating that the reasons for which these proceedings were declared secret had not changed. “Seeing the status of the proceedings, the phase of the procedure and the proceedings still pending, as reported by the Public Ministry, it is appropriate to extend said measure for one more month,” he indicated.
Now, the Chamber recalls that it previously ruled on these extensions in the Tsunami Democratic investigation. For example, in June 2022, when the defense of this defendant described this measure as “uncritical and automated” and pointed out that it violated the right to defense.
At that time, the court said that, although they had accepted that he could appear in the case as investigated, various actions remained to be carried out that, if known by those investigated, “could undermine the success of the investigation.” In line, he spoke that rogatory commissions or device examinations were pending.
Regarding the violation of the right of defense that Soler invoked, the Chamber points out that sustaining this argument in the investigation phase is “premature”, and is based on a judgment of May 6, 2002 of the Constitutional Court that in its legal grounds held that “The judicial decision to declare the summary proceedings secret can only affect the defendant’s right to defense when it lacks reasonable justification, the same is not given a subsequent opportunity to defend himself against the evidence obtained at this stage or it is delayed until the act of oral trial the disclosure of the proceedings to the accused”.
However, the Chamber does describe as “fair or scarce” the foundation of the instructor in this case that was opened in 2019 to clarify the role that the platform would have played in the riots that followed the convictions of the separatist leaders.
One of the issues on which the magnifying glass was placed at the time was that Tsunami Democrátic used a mobile application for its protest actions, including the attempted assault on the El Prat airport, the cut of the Jonquera border or the repeated protests with barricades in front of the Police Headquarters in Vía Layetana.
It was in August 2021 when the head of the court, Manuel García-Castellón, added part of ‘Voloh’ to this secret case, another case where the Examining Court Number 1 of Barcelona, in charge of Joaquín Aguirre, investigates the alleged diversion of public funds to finance the independence process.
The link between the two cases would be the former ERC minister Xavier Vendrell, who was arrested in the framework of ‘Voloh’, and to whom judge Joaquín Aguirre attributes “the activity of direct management and participation” in the actions of Tsunami Democrátic during the fall 2019.
Specifically, the instructor specified in the entry and registration order that Vendrell said he would send “people to protect Plaza Urquinaona”, he referred to the protests around the Camp Nou and on the highway and asked not to hold demonstrations only in Barcelona .
In addition, for the head of the Barcelona court, “the presumption is reached that Vendrell not only participates in the Tsunami movement, but also gives instructions on the actions to be carried out.”
