The judge of the National Court Manuel García Castellón has given new acceleration to the Democratic Tsunami case – open for four years – and has asked the Supreme Court to take up the case and charge former president of the Generalitat and MEP Carles Puigdemont with terrorism. , the ERC leader Marta Rovira and ten other people.
Being an MEP, Puigdemont is qualified before the Supreme Court, and before being formally charged, the High Court should send a new request to the European Parliament, which should once again carry out the parliamentary process to authorize the investigation into the former president.
In his letter addressed to the High Court, the magistrate insists, as he did two weeks ago in the midst of negotiations on the investiture, in placing Puigdemont in a Tsunami leadership role, despite the fact that neither the Civil Guard nor the Prosecutor’s Office share this point. .
In a harsh appeal, the Public Ministry questioned García Castellón’s main theses and asked to annul both the accusation of terrorism and the inclusion in the Puigdemont case because it was based, in the opinion of the prosecutor, on assumptions and misrepresentations. The judge has not waited for the Criminal Chamber of the National Court to resolve the appeal and has asked the Supreme Court to take over the case.
According to García Castellón, Puigdemont’s “position of unquestionable authority” in Tsunami is based on four elements that the Civil Guard and the Prosecutor’s Office see as irrelevant: a note about a meeting in Geneva on the agenda of Puigdemont’s head of office, Josep Lluís Alay ; a talk between Alay and a journalist in which it is suggested that Òmnium will “inform” Puigdemont of the presentation of Tsunami; a conversation between the former president and a businessman about the protests; and Puigdemont’s “push” through Twitter for the launch of the Tsunami platform.
It should be remembered that Puigdemont had already been in Belgium for two years in October 2019, when the Tsunami protests occurred in response to the procés ruling that blocked access to El Prat and cut off the AP-7 highway on the Spanish-French border.
The judge insists on the death of a heart attack
This Tuesday’s order from the judge follows the same argument as that of two weeks ago, when the magistrate led the case against Puigdemont for terrorism and complicated the final stretch of the amnesty negotiations.
Although he mentions them, Judge García Castellón ignores the medical data and the reports from the Mossos d’Esquadra that ruled out any type of relationship between the Tsunami protests that collapsed the accesses to the El Prat Airport on October 14, 2019 and the death of a French citizen from a heart attack in a terminal.
The judge insists that the “circumstances of death” due to heart attack of the French citizen must be investigated based on the forensic report of the man’s death, which, however, confirmed that the death occurred due to “cardiogenic shock” and that The man suffered from heart disease.
More than four years after opening the case, the judge advocates “clarifying whether the collapse of the airport could have intervened in some way in the lethal outcome”, something that the Emergency Services already ruled out at the time, since the concentrations did not prevent immediate attention and helicopter transfer of the traveler, who died in the hospital.
“In other words, it would try to rule out that the death could have been avoided,” adds the magistrate.
In addition to the deceased, the magistrate considers that the investigation must “clarify” if there were more users of the Airport injured, in addition to the police officers who contained the protests, “in order to specify the risk that the action posed for the physical integrity of the people. organized by Tsunami.”
AN petition to the judge
On the other hand, the acting president of the Criminal Chamber of the National Court, Alfonso Guevara, has asked Judge García Castellón for the recusal document presented by one of those investigated in the Tsunami case, Oleguer Serra, that the instructor rejected outright last week.
The magistrate rejected the request of the director of Òmnium Cultural Oleguer Serra to withdraw from the case with the same arguments that he already used to reject the request of the editor Oriol Soler, who asked him to abstain for having ruled on the amnesty.
“Amnesty is not prohibited in the Constitution, but the Constitution does not state that slavery is prohibited either,” said García Castellón – “as a citizen”, not as a judge, he clarified – at the La Región Forum on October 5 after being presented by the former PP regional deputy Julio Ariza, founder of Intereconomía and recently condemned by the bankruptcy of this television network.
Now the Chamber is asking Judge García Castellón for more information after Serra’s defense has requested it before deciding whether to revoke the instructor’s refusal to depart.