The Prosecutor's Office appeals the admission of the complaint against the Government delegate for alleged prevarication

MADRID, 9 Dic. (EUROPA PRESS) -

The Madrid Prosecutor's Office has filed an appeal against the decision of Madrid Examining Judge number 24 to admit for processing a complaint by the Association for Reconciliation and Historical Truth against the Government delegate in Madrid, Mercedes González, for a crime of prevarication.

In the order, which was issued on December 1, the magistrate agreed to summon the next January 13 to declare the delegate as a defendant. Now, the prosecutor has filed an appeal for reform before the judge himself and another subsidiary appeal, before the Provincial Court of Madrid.

The lawsuit was filed because last July Mercedes González authorized the concentration of a memorialist group in front of the Congress of Deputies on the day the Historical Memory Law was approved when she had relocated a day before a demonstration of the Association for the Reconciliation and Historical Truth.

The representative of the Public Prosecutor's Office understands that the complaint and the facts described in it "afflict each and every one of the requirements demanded by the Jurisprudence to initiate criminal proceedings for a crime of prevarication."

The complaint against the government delegate was filed by the Association for Reconciliation and Historical Truth as a result of the rejection of a request to gather on July 13 in front of the Congress of Deputies as a protest against the approval of the new Law of Democratic Memory.

In return, he was offered to hold another rally, on the same day and at the same time, in the Plaza de las Cortes in the space between the Plaza de Cánovas del Castillo and the confluence of Duque de Medinaceli and Marqués de Cubas streets with the Plaza de las Cortes, "without exceeding it, being located in such a way that access or the normal functioning of existing public buildings and establishments in the area are not hindered at any time."

The complainants argued that the Government Delegation had indeed authorized another rally scheduled for a day later in front of the Congress of Deputies organized by the memorial associations.

Hence, they show that there was a differentiation, "without any legal basis" and "depending on the political sign of the convening association" which, in their opinion, "represents an illegitimate limitation of the right of assembly".

According to the Prosecutor's Office, the facts reported by the complainants, "and which are intended to be framed in an alleged crime of prevarication", go beyond the scope of the criminal jurisdiction.

Moreover, it understands that the complaint does not meet the minimum requirements to be considered as "notitita criminis" and that, therefore, it lacks legitimacy to initiate a judicial investigation for the alleged commission of a crime.

In its appeal, the Prosecutor's Office explains that in the resolution issued by the Government Delegation it was established that the concentration should be framed in a certain place, "without exceeding it, being located in such a way that access or normal functioning is not hindered at any time. existing public buildings and establishments in the area.

Depending on the influx of attendees, and in order for the act to take place in safe conditions, the Security Forces and Bodies will set up new spaces or limit them."

Therefore, it concludes that "in no way" can these indications, or the different treatment used in the complaint, be considered as an arbitrary resolution and capable of constituting a crime of administrative prevarication.