The president of the Court of Instruction number 15 of Valencia issued an order in which he rejects five appeals and confirms the proceedings against the former vice-president of the Generalitat and former Minister of Inclusive Policies, Mónica Oltra, and others former senior officials of this department. for alleged concealment of sexual abuse of a minor under guardianship by her ex-husband, a social educator.
This is what is agreed in an order dated this Thursday, to which Europa Press had access and in which it subscribes to the reasoning of the prosecution which, in its report, concluded that since all the people currently being prosecuted had made the subject to an “investigation for their participation”, or less, in one way or another, in the two episodes in which the Court maintains the existence of indications of criminality justifying the further development of the case, what the applicants claimed – a repetition of the dismissal already agreed and revoked – “This appears to be a procedural impossibility.”
In the opinion of the prosecutor, this fact “would place the instructor in a position of rebellious obstinacy against the mandate of the one who has legally obtained the power to review his decisions”. “In other words, after having ordered the Court ‘… the accommodation of the procedure to the procedures of the abbreviated procedure…’ without any subjective limitation, the order of which the appellants request the reform is fully adapted imperative audit and at the procedural moment in which he left the case.
The judge immediately indicated that “he can only rely on such reasoning” to reject the appeals for reform presented by five of the former senior officials against the order of June 21 by which he agreed to prosecute them all.
In this resolution, the investigating judge issued an order transforming the preliminary procedure into an abbreviated procedure “for legal reasons”, in application of the order of the Fourth Section of the Valencia Court under which the trial against the former vice president and his exes have been reopened to senior officials.
The young woman who, being a minor and a ward of the Generalitat, was the victim of sexual abuse by her ex-husband and who is a private prosecutor in this case, is asking for three and a half years in prison for Oltra and 12 years of disqualification from employment or public office, as requested by Vox, which constitutes a popular accusation.
Indications
The prosecution took place after the court partially examined the victim’s resources and the two popular accusations – Vox and the Gobierna-te association – understanding that the existence of a criminal offense could not be “clearly” excluded and that there were clues. sufficient to prosecute those under investigation.
The case, against Oltra – who resigned from office in June 2022 after his judicial investigation – and against 15 other people, was archived by the investigating court in April when no crime was found in his actions nor any alleged cover-up of abuse. . The prosecution supported this decision.
However, the Court defended, last May, that there is a “plausible” hypothesis according to which, when the news of the abuses reached the Ministry of Equality, “the people who were aware of the events and under the protection and under whose guardianship the minor was, they would have tried to hide them.
The court considered that at this point in the proceedings, the commission of a criminal offense arising from the failure to comply with the obligation to report and protect the minor under the guardianship of the Generalitat in order to conceal the existence of sexual abuse could not be ruled out. clearly. » occurred in the reception center.
According to the Court, it is during the oral trial that questions related to the specific circumstances in which the events took place and the judgment of typicality that they deserve should be clarified. Likewise, the court noted indications of the possible commission of a crime in the constitution of an informative file, once the case is already judicial, in order to determine the veracity of the accusations made by the minor.
