On July 19, the Prosecutor's Office of the National Court described the procedure in which the Tsunami Democràtic platform is being investigated as a case of terrorism, a summary in which since this Monday the former president of the Generalitat Carles Puigdemont and the leader of ERC Marta Rovira, among others.
This is stated in a report, known to EL MUNDO, in which prosecutor Joaquín González Herrero responded to the request of Oriol Soler's defense where he requested that the case be sent to the courts of Barcelona.
In his report, sent to the Central Court of Instruction Number 6 of the Court, the representative of the Prosecutor's Office maintained that “in the opinion of the Ministry, the events that are the subject of this case are susceptible to being classified as terrorist crimes of articles 571 and of the Penal Code, as the Prosecutor's Office has been maintaining since the beginning of the proceedings through opinions that are ratified herein”.
The aforementioned document also highlighted the “seriousness” of the events attributed to Tsunami Democràtic “due to the seditious phenomenon” that took place in Catalonia and defended the competence of the National Court to investigate possible criminal acts, when committed. by “armed gangs and terrorist groups”.
“The seriousness of the facts allows us to reasonably sustain the provisional judgment according to which terrorism crimes have been committed,” emphasized the representative of the Public Ministry, in reference to the Tsunami case.
Legal sources explain that the department headed by Chief Prosecutor Jesús Alonso then rushed to describe the aforementioned report as an “error.”. There was nervousness. And, a lot, for what had been left in writing. The Public Ministry then verbally asked the Court led by García Castellón to leave the report with the classification for terrorism without effect and announced that another rectification report would be sent.. However, the prosecutor's report defending that it was a crime of terrorism was notified by the court to the parties involved in the procedure.
“A wrong transfer”
Days later, the Public Ministry's rectification arrived.. The correction report of the Prosecutor's Office is dated July 26 and was signed by the chief prosecutor of the National Court himself.. In it, Jesús Alonso explained that “the Public Prosecutor's Office is not really in a position, in view of the state of the procedure, to advance its criterion in an exhaustive and conclusive manner on whether or not the aforementioned inhibition is appropriate, without prejudice to the opinion issued on July 19, which is due to an erroneous transfer made by this Ministry, which is obligatory to state in view of subsequent developments in the procedure, without the prosecutor's actions being therefore able to be labeled as contradictory, and without “the qualification maintained in the aforementioned report is understood as definitive, which is therefore qualified in the sense expressed.”
The chief prosecutor of the National Court then justified the opinion of the Prosecutor's Office by pointing out that “effectively, the aforementioned opinion was issued, as has been said, erroneously because it was focused on whether or not to sustain the extension of the proceedings, which had been carried out. and maintained in a correct and adequate manner because, at this time, this judicial body is competent for its maintenance or withdrawal, so it was not appropriate to report on the inhibition in that process and only on the extension.”
The Prosecutor's Office then said that “to rule on the merits of the matter, that is, the inhibition of the proceedings before the Barcelona courts, it is necessary that the final joint executive report already requested be incorporated into the case (as well as other proceedings that are pending). if received), so it is the interest of this Central Court that once the set of requested proceedings is in the file, it be passed back to the report of this Public Ministry to issue a definitive ruling on jurisdiction and, where appropriate, inhibition of the proceedings to the corresponding courts of Barcelona”.
After receiving the report from the Civil Guard pointing to Puigdemont and Rovira, Judge Manuel García Castellón once again transferred it to the Public Prosecutor's Office.. Yesterday, the Prosecutor's Office led by Alonso rushed again but this time to announce that it will present a direct appeal before the Criminal Chamber to prevent the investigation of Puigdemont, Rovira and other former senior officials of the Government for terrorism crimes, which which would entail the loss of jurisdiction of the Court in favor of the courts of Barcelona.