The Criminal Chamber of the Supreme Court today agreed to open an investigation into the actions of former Minister of Transport and deputy José Luis Ábalos in the case initiated by the irregular purchase of masks and medical supplies during the pandemic , after finding evidence of several crimes against him in the reasoned statement sent a few days ago by the central investigating judge of the National Court Ismael Moreno. The court appoints the instructor, according to the established schedule, to the magistrate of the Chamber Leopoldo Puente.
Regarding the uncertified persons included in the procedure instructed by Judge Moreno, the Supreme Court indicates that the procedure must continue before the National Court, and that the extension of jurisdiction to the Supreme Court will only be appropriate when there is an inseparable material link with the case. facts investigated concerning the certified person.
Likewise, the Chamber’s order provides that the Court transmits to the Supreme Court “all data resulting from the procedures carried out and which relate to the facts provisionally attributed to the person certified before this Chamber”.
The order of the Chamber, of which Judge Andrés Martínez Arrieta was the rapporteur, emphasizes that at this stage of the procedure it is up to him to verify whether the presentation sent to him contains facts which, according to a very provisional, could constitute criminal offenses, and if there are consistent indications or, in other words, principles of proof of the participation in them of the certified person.
And, after summarizing the content of what was sent by the judge of the Court, the Chamber concludes that “the facts described, without prejudice to what could result from the investigation, could constitute, in accordance with the reasoned statement , a crime of membership in a criminal organization, influence peddling, corruption and embezzlement.”
“It is therefore essential – underlines the order – to continue the investigation into these facts and into the participation of the person arrested, Mr. José Luis Ábalos Meco, this Chamber being competent to do so.”
The order explains that the appointment of an investigator to the Supreme Court for the investigation of the case is carried out, in principle, only for “the investigation of the facts for which, indirectly, the accused could be responsible and to towards these people.” which, due to the needs of the investigation, in particular the continence of the file, the investigation is essential, therefore the appropriate must be agreed with the investigating judge who continues the investigation of the preliminary procedure 65 /2023 of the Central Investigation Tribunal no. 2 of the National Court”.
“Therefore, the extension of jurisdiction to acts committed by persons not certified before the Supreme Court will only be appropriate when an inseparable material link with those investigated by the qualified persons is appreciated,” underlines the resolution.
The hypothesis of the investigation is carried out through the reopening of a cause of the year 2021in which the complaint of a lawyer against Ábalos was analyzed, and in which the Supreme Court declared its jurisdiction but declared its archives. In March this year, the lawyer requested the reopening of the case, to which he was replied in September that he would await the result of the investigation carried out at the National Court into the same events.
