The latest report issued by the Institute of Legal Medicine of Seville once again advises that the former president of the Junta de Andalucía, José Antonio Griñán, remain out of prison to treat himself with prostate cancer..
A coroner has re-analyzed the state of health of the former socialist senior official to determine whether or not he should go to prison, as the majority of those convicted of ERE fraud did months ago last January. And his opinion points out that Griñán suffers from a “very serious illness and with incurable conditions”, which makes his admission to a penitentiary center inadvisable.
In his opinion, the case of the former president conforms to the terms indicated in article 80.4 of the Penal Code, which admits the possibility of suspending the prison sentence without further requirement when the convicted person suffers from a “serious and incurable” disease. “.
It is not the first time that the coroner has ruled in favor of treatment outside of prison for Griñán. But the sentencing court, which is now in charge of executing the sentence, asked him for more specificity in some aspects of his opinion, in view of the doubts that had been raised in the private prosecution and the Prosecutor's Office, which must assess the report.
For this purpose, the Court of Seville asked the Institute of Legal Medicine for a new report with the additions that were claimed and the coroner in turn requested additional information on the latest medical examinations that the patient was going to undergo, a request that the The court denied it because it considered that it already had sufficient information to make a decision.
This tug-of-war and this to-and-fro of reports (requested from both the Institute of Legal Medicine and the prison medical services) on the state of health of the former president of the Board has been taking place since the Hearing of Seville will order the entry into prison of those firmly convicted by the Supreme Court in relation to the main piece of the ERE case.
At first, the Court of the Court of Seville resolved that the execution of the sentence be postponed until Griñán completed a treatment with radiotherapy. Subsequently, once that phase was over, the pronouncement of the medical experts was again required..
The coroner points out on this occasion that the disease has not subsided and that the patient presents some side effects to the treatment, such as fatigue, which could force continuous transfers to the hospital.
In addition, he adds that it is not just about the fact that he can or cannot receive medical services in prison, a circumstance that the prison itself has already assessed, highlighting the problems that prisoners' trips to the hospital sometimes entailed..
Rather, certain environments can increase the “danger of infections” in “people with a depressed immune system” as a result of the disease and the pharmacological therapies they receive, in addition to age (77 years).. All of this makes clear, in the forensic opinion, “the difficulty of a prison dynamic.”
Now, after this new report from the coroner, both the Prosecutor's Office and the private prosecution must pronounce once more before the Court makes a final decision.
The rest of those sentenced to prison for the ERE case entered prison in the first days of January, except for Agustín Barberá, who postponed his entry until April also for medical treatment. Another exception was that of Juan Márquez, who faces a minor sentence that has been suspended.
Among those who are already inmates was the former employment counselor, José Antonio Viera, who this week it was learned that he has been granted a third degree regime, also due to a serious illness. The rest of the sentence will be served from the social integration center (CIS) in Huelva.