The Criminal Chamber of the Supreme Court (TS) approved the decision of Judge Susana Polo to archive the “Tsunami Domocràtic” file opened for alleged terrorism against the former Catalan president Carles Puigdemont and the ERC MP in Parliament Ruben Wagensberg, which means the definitive archive of the procedure.
In an order to which EP had access, the magistrates rejected the appeal filed by Catalan Civil Society and Vox against the order that the investigating judge made on July 9 to order the file of the case.
Justice Polo made this decision after receiving the order by which the then National Court judge Manuel Garcia Castellón filed the “Democratic Tsunami” case, after the Criminal Chamber of the Tribunal itself invalidated all the procedures agreed over the last three years, as the investigation was extended on July 30, 2021, 24 hours after the date limit.
The instructor then specified that July 29, 2021 was the “deadline” for carrying out the investigation procedures and that before said date “No statements were made or collected from those interviewed.» – and the accreditation procedure did not take place in the present case either – which prevented the procedure from continuing according to the procedures of the abbreviated procedure.
The judge emphasized that the “nullity of the procedure» agreed by the National Court during the investigation period meant that the procedure could not continue.
Now, the Supreme Court supports Polo’s criteria by considering that he acted in accordance with what the law establishes. “Article 324 of the Code of Criminal Procedure (LECrim) contains its own term which governs the period of prohibition for carrying out investigative acts. Once this period has expired, or its extensions, (…) and in the absence of evidence determining the imputation of the procedure, the rejection and classification will take place (…) as agreed by Excma. Madam investigating judge,” he underlines.
