The judge of the National Court José Luis Calama has agreed to the provisional release with precautionary measures for the retired Civil Guard general Francisco Espinosa Navas, until now in prison for the so-called Mediator case, understanding that the risk of flight is very low and that at this time there is no risk of alteration or destruction of evidence.
In an order, the magistrate, as a judge of guarantees in this procedure in relation to the facts of the competence of the European Prosecutor's Office, thus responds to the request for the release of the general's defense, which the Public Ministry had opposed.
As precautionary measures, the judge imposes the obligation to appear every fifteen days in the court closest to his home, as well as as many times as he is called by the judicial body, the withdrawal of his passport and the express prohibition of leaving the national territory, with the warning that non-compliance may lead to the adoption of more serious measures.
Calama reviews in its resolution the procedural history when the case was being investigated in a Tenerife court and recalls that on March 27 the general's defense filed a request for release, which was opposed by the Prosecutor's Office, although the Public Ministry It stated: "It is the wish of the Public Prosecutor that this exceptional situation... end soon and that the modification of the personal situation of the person being investigated be urged, either directly by the Prosecutor's Office or indirectly through a petition or judicial decision." Said release request was dismissed by the Tenerife court on April 3. Subsequently, said judicial body inhibited the European Public Prosecutor's Office in relation to the investigation of a series of contracts paid for with European funds.
At this procedural moment, Judge Calama considers that the provisional release of General Espinosa should be agreed, since the risk of escape "is very low" since, "beyond the criminal acts that are imputed to him, based on some very solid evidence ”, he specifies, “it is true that Mr. Espinosa has strong roots in Spain -personally and economically- and there is no element or indication that warns about his possible escape abroad”. He adds that the very prosecutor who originally requested his provisional detention already said that "it is not what worries him the most."
Regarding the possible risk of alteration or destruction of sources of evidence, the order indicates that the person investigated has been in prison since February 16, 2023, "sufficient time for the investigators to have been able to properly secure those aforementioned sources of evidence."
