The Mossos d’Esquadra have informed the judge of the National Court investigating Tsunami Democràtic for terrorism, Manuel García-Castellón, that the police reports on the incidents during the blockade at the Barcelona airport in 2019 do not include any reference to the French tourist who died of a heart attack.
The same judge has asked for protection from the CGPJ due to criticism, including from the number two of Justice, for having directed the investigation of the Tsunami Democràtic case for terrorism against former Catalan president Carles Puigdemont in the midst of negotiations for the investiture of Pedro Sánchez. The judge incorporates into his request for protection the statements of the Secretary of State for Justice, Tontxu Rodríguez, in which he could suggest that the judge prevaricated when adopting that decision, as El Mundo has advanced and legal sources have confirmed to EFE.
Sources close to the case have indicated to EFE that after the head of the Central Court of Instruction 6 of the National Court sent a request to the Mossos in which he asked them if they had information in relation to the death of a French tourist during the protest of Tsunami at the Barcelona airport on October 14, 2019, after the condemnation of the procés leadership was made public.
Within the framework of his investigation for terrorism in the Tsunami case, in which the judge has recently included the former president of the Generalitat Carles Puigdemont and the general secretary of ERC, Marta Rovira, Castellón had requested information about the death of this tourist and its possible connection with the blocking action at the airport entrances.
Specifically, in a letter the judge required the Mossos to send him all the reports prepared regarding the incidents that occurred at the El Prat airport and to inform him of the judicial proceedings and procedures that, if applicable, were carried out. would have continued on these facts.
After receiving this request, the Mossos have responded to the judge stating that they have not found any reference to this death in the reports that record the incidents that occurred that day at the airport facility.
The Mossos, who detail in their response that the reports were transmitted to the El Prat duty court, have now transferred the information about the reported reports to the judge of the National Court.
The judge maintained in a recent order that the investigation had to determine “the relationship between the death” due to a heart attack of this French citizen at the Prat airport and the actions attributed to Tsunami, although the Prosecutor’s Office, which does not see terrorism in this case , considers it “implausible” to attribute this death to those investigated.
Regarding the criticism from number 2 of the Ministry of Justice, García-Castellón says he has felt “disturbance” in his independence with statements from the head of an “organ to whom it corresponds, among other functions those of support and cooperation with the Administration of Justice.” , according to a letter to which El Mundo has had access and which the judge has also directed to the Attorney General’s Office to investigate the facts.
In an interview on Radio Popular-Herri Irratia, Justice’s number two said: “I have no idea if he has a reason or not, but what a coincidence it has to be on this day, hey. Look, it could have been a a year and a half before or a year and a half after, well no. It has to be right in the middle of the negotiations. If that is not influencing, let God come and see…”
The judge understands that these manifestations “could imply the clear imputation of the commission of a criminal act, judicial prevarication, by attributing to this instructor the issuance of a resolution with the sole desire to influence, an extreme completely foreign to the reality of the criminal procedure in which the decision is framed”.
It also highlights that these statements come from the head of a ministerial body that, “due to its intimate connection with the Judiciary and its Government, has the capacity to influence the judges and magistrates that make up the Career, and whose statements pointing out and qualifying the actions of one of its members, place him in a particularly disturbing position.
In addition to these statements, García Castellón adds those made by Patricia Plaja Pérez, spokesperson for the Generalitat, who criticized that those who are responsible for administering justice, “some, not all, seek not only to condition political negotiations but also to punish them, prevaricating.”
The head of the Central Court of Investigation 6 believes that these statements could involve the commission of a crime of slander with publicity, “susceptible to being prosecuted ex officio when an authority is openly accused of committing a criminal act, judicial prevarication”, so It has also been addressed to the Prosecutor’s Office to investigate it.
The judge indicates that it would be a “practically impossible task, due to its volume, to analyze the content of everything published” about his decision to investigate Puigdemont for terrorism and that it will be up to “the Security Forces and Corps and the competent bodies” to purify, “if any, the responsibilities that may arise.”