The judge of the National Court Manuel García Castellón has agreed to open an oral trial against the former Minister of the Interior Jorge Fernández Díaz and the former head of that department during the first term of Mariano Rajoy for the so-called “Operation Kitchen”, the parapolice operation launched He is allegedly marching with the aim of stealing material related to the judicial investigation of the Gürtel case from PP treasurer Luis Bárcenas.

In his order, the magistrate rejects as untimely the request of the accusation made by the PSOE to declare civil liability for profit of the PP and establishes it, in a subsidiary manner, for the General Administration of the State in the event that those investigated are found condemned. The magistrate alleges that there is no diligence during the investigation in that sense and that it is not the time, therefore, to attribute such responsibility to the Popular Party.

The order opening the oral trial includes all the crimes raised by the accusations (Prosecutor’s Office, State Attorney’s Office, PSOE, Podemos and the Bárcenas family) in their respective writings, including discovery and disclosure of secrets, prevarication, omission of the duty to pursue crimes. crimes, bribery, influence peddling, embezzlement, concealment, against privacy and obstruction of justice. In the case of the writings of the PSOE, Podemos and the Bárcenas family, they also add those of a criminal organization or illicit association, among others. For the instructor, the different accounts of the accusation documents, with their corresponding criminal qualifications, are, in principle, adequate, all without prejudice to what results from the oral trial phase.

In his order ending the investigation, in July 2021, Judge García Castellón took the opportunity to file the case against the former general secretary of the PP María Dolores de Cospedal and her husband, businessman Ignacio López del Hierro. With that order, he also put an end to an incipient investigation into the possible knowledge that the president of the PP and the Government, Mariano Rajoy, had during the events. The recordings that subsequently increased the evidence against Cospedal were not considered sufficient by the judge to charge Cospedal again.

In relation to the civil liability of the PP requested by the PSOE, remember that up to this moment, in this piece of the Tándem case, no claim in this sense has been directed against the PP and that, therefore, following the doctrine of the Supreme Court, is untimely, taking into account, furthermore, that it is carried out without specifying the amount or the specific facts and actions from which said responsibility arises, “there being a lack of relationship between the facts that support the claim and the person against whom it is exercise civil action.”

In addition to the former minister, the judge sends to trial the former Secretary of State for Security Francisco Martínez, the former Deputy Operational Director Eugenio Pino, the police officials José Luis Olivera, Marcelino Martín Blas, José Angel Fuentes Gago, Enrique García Castaño, Bonifacio Díez Sevillano, Andrés Manuel Gómez Gordo, the retired commissioner and main investigator in the Tándem macro case José Manuel Villarejo, as well as the Bárcenas driver Sergio Ríos Esgueva.

Three more members of the political brigade

Regarding Olivera, Fuentes Gago and Díez Sevillano, for whom the prosecutor had requested a provisional dismissal, the investigator rejects this request and asks the Public Ministry to formulate a written accusation within three days or to renounce it. The magistrate also rejects a complementary procedure requested by the PSOE considering that the investigation is completed. The three police officers were prominent members of the group that operated against the opposition and in favor of the PP between 2012 and 2016. Olivera, former head of the UDEF, was assigned to head the Intelligence Center against Terrorism and Organized Crime (CITCO); José Ángel Fuentes Gago was Pino’s right-hand man in the Deputy Operational Directorate; and Díez Sevillano replaced him in the position.

The resolution agrees to impose civil liability bonds of 120,000 euros for Jorge Fernández Díaz, Francisco Martínez and Eugenio Pino, as well as 100,000 euros for Villarejo and Sergio Ríos, 20,000 euros for Andrés Manuel Gómez Gordo and 3,000 euros for the rest, except García castaño, who is set at 2,000 euros.

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