“Relief does not repair my damage”

The dancer Rafael Amargo (49 years old) broke his silence with SPANISH after learning this Thursday, October 3 that the Superior Court of Justice of Madrid (TSJM) confirmed his acquittal for a drug trafficking offense. For this very reason, The prosecution requested nine years in prison against him. “Relief does not repair my damage,” declares the injured artist from Grenada.

The decision of the TSJM, subject to appeal before the Supreme Courtrejects the appeal of the prosecution, which requested the revocation of the acquittal pronounced by the Madrid court and the holding of a new trial before another court.

He The Superior Court of Justice of Madrid rejects it and confirms the thesis of the magistrates who tried the artist: The resolution that authorized the wiretapping must be annulled due to its insufficient motivation and, therefore, this annulment “contaminates other evidence” derived from the interventions.

[Rafael Amargo, emocionado, sale de la cárcel: “Confío en la justicia. No hay indicios de nada, todo son suposiciones”]

Rafael Amargoof this newspaper, evokes a public petition and signs it. “First of all, I want you to remove all fake news, videos and inventions that have been made about me on Google and other global news servers. » And he continues: “I want to be put back where I was. I want my properties, I want my years of work, my Statusthe honor and honor of my children and my parents. And someone asks him for forgiveness.”

The dancer Rafael Amargo He faced nine years in prison for an alleged crime against public health involving a significant amount, just like his producer Eduardo de Santos. The acquittal, known on May 14 and ratified this Thursday, October 3, came when the Chamber considered that The minimum conditions required by law to accept the interference with the secrecy of communications have not been met.this is why he declared null the intervention of the telephones of the persons investigated requested by the Police and accepted by the Court of Instruction.

[Rafael Amargo niega que vendiera droga: “Intenté quitarme la vida al leer las acusaciones de la Fiscalía”]

The magistrates considered that the objective basis which justified The request for telephone interventions was “insufficient to consider that the measure was proportionate with regard to the elements on which the agents based their suspicion of committing an offense against public health”.

In the resolution, the TSJM Chamber now declares that “the defects in motivation and the insufficiency of the evidence on the basis of which the resolution by which the initial telephone interventions were authorized by the Court of Instructioncompletely weakens the incriminating value of most evidence to the point of nullifying its constitutional coherence. »

“The Court of First Instance subjected the initial order to the necessary level of requirement, move away from permissive canons when it comes to ensuring the protection of an authentic fundamental right such as that of communications secrecy,” he says.

Thus, she underlines, “once the aforementioned incriminating elements have been excluded from all the evidence, The so-called illegality doctrine contaminates other tests derived from those initially carried out.“.

“These two circumstancesbased on a rigorous understanding of criminal guarantees, as well as the effective protection of fundamental rights, prevents us from delving deeper into what the prosecution claims; prevent us from getting to the bottom of the facts,” he adds.

Main test

THE telephone interventions and testimonies from investigators of the National Police constitute the main evidence available to the prosecutor to support his accusation.

Investigators and the Madrid public prosecutor’s office maintain, unproven factsthat Rafael Amargo and Eduardo de los Santos carried out “group purchases” intended to finance the work of Sterilea point that the accused deny because a minimum of 100,000 euros is required.

In his report, the prosecutor stated that the movement of people in Rafael’s apartmentsecond to the right of number 4, rue La Palma, at the time of the facts studied, was proven by the testimony of the agents of the National Police.

The representative of the public prosecutor mentioned the telephone tapping carried out between August and November 2020 during which we were talking about quantities of drugs which go beyond self-consumption and which determine its notorious importance – punishable by six to nine years in prison – by citing a conversation in which one person asks for around 500 tablets and another in which Rafael Amargo says he wants a kilo of methamphetamine.