Supreme Court finally rejects Podemos’ “legal” charges against García Castellón.

The Supreme Court has decided to confirm the inadmissibility of a complaint filed by Podemos against National Court judges Manuel García Castellón and Joaquín Gadea for launching an investigation against the party and its members based on evidence such as Hugo ‘el Pollo’s testimony. “Carvajal. Judges admit that some of the proceedings brought by García Castellón “crossed” the bounds of due process, but they deny that this automatically leads to the possibility of him being charged: “This guy is asking for more. in the ward.

The party, chaired by Ione Bellara, decided to take the National Court judge and his then-supporting judge Joaquin Gadea to court, accusing them of “legalism” in 2016 for reopening the case against the party and its leaders. Also because of this, based on the statements of Hugo ‘El Pollo’ Carvajal, a Venezuelan soldier who at the time was trying to avoid extradition to the US for his involvement in drug trafficking.

The case, which, according to the criminal court, was a “prospective” investigation against the party, one time ordering its archives. Podemos’ complaint understood that this was a “paradigmatic case of statutory law regulating judicial jurisdiction, an investigation for the sole purpose of harming Podemos”. They also pointed to “every stage” of that investigation being leaked to the archives.

They also accused both magistrates of leaking secrets by “knowingly allowing the proceedings to leak” and ultimately dropping the prosecution of the crime because of what they attributed to inaction in dealing with leaks from the court.

The complaint was rejected for the first time in the last weeks of December. The Supreme Court recognized that Hugo Carvajal made all these statements about Podemos “in order to postpone or prevent his extradition to the United States”, but understood that at the time Manuel García Castellón was “obliged to investigate and verify” the veracity of his statements. The national court judge and his reinforcements, Judge Carmen Lamela concluded, did not act “in a complete departure from the principle of legality”.

Proceedings “went beyond the scope of the investigation”

Yone Bellara’s party appealed and the Supreme Court, as elDiario.es has learned, rejected their accusations and finally buried these accusations about the “legality” of the head of the Sixth Central Court of Inquiry of the National Court. “The appellate decision is in accordance with the law, so it is appropriate to affirm it in its entirety on its own merits,” says Judge Lamela. They do not question the events of Podemos, but deny that the decisions made by García Castellón “have criminal significance”.

The court case, Podemos denounced, reached the back of the national court The Apocryphal PISA Report And it was archived in 2016. Five years later, García Castellón ordered that it be reopened, but with secrecy that prevented his access to the proceedings. It was decided that witnesses would be protected, they said, “for no reason” before the information was leaked. The sole purpose of all these movements, according to the party, was “to harm Podemos, its leaders and founders”.

The case was archived in June 2022, when the chamber that oversees the activities of the courts of the National Court heard that Manuel García Castellón had conducted a prospective investigation against the party. The Supreme Court now specifies in the order that it does not seek to support the proceedings it initiated: the national court itself has already done so, and the result is that García Castellón’s movements “went beyond the subjective, objective and temporal scope of the investigation”. . “Logically,” says the Supreme Court, the Chamber suspended the judge’s secret case against Podemos.

The court adds that this does not mean that García Castellón enjoyed prevarication. “They had a certain relationship with the investigation, only illegality is not enough, even the annulment of the resolution does not by itself cause the injustice of the latter for the purposes of the crime stipulated in the complaint. This guy is asking for more.” Nor do they consider that Podemos’ appeal provides new arguments regarding the disclosure of secrets and confirms the inadmissibility of the complaint.

Ione Bellara’s party has been denounced in recent years as a “legal” victim by some judges who have investigated the political party itself or its leaders, making headlines for alleged violations that were never brought to justice. They have repeatedly stated this regarding Manuel García Castellón, the judge of the National Court, as well as Juan José Escalonilla and the so-called Regarding the handling of the Neurona case, which was recently archived after three years of investigations and allegations.

Source: El Diario

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