The Superior Court of Justice of Madrid (TSJM) has upheld the precautionary measure requested by the former president of the Government Mariano Rajoy and has paralyzed the rogatory commission agreed by the Andorran justice, which is investigating the former leader together with other members of his Government for the so-called Operation Catalonia.
In an order, the Chamber explains that after analyzing the documentation sent by Rajoy, it has been decided to stop the commission and that the Ministry of Justice not deliver the documentation requested by the Andorran judge until the merits of the matter are studied.
The Andorran judge Stephanie Garcia is investigating Rajoy and those who were Minister of the Interior, Jorge Fernández Díaz, and Minister of Finance, Cristóbal Montoro, following a complaint for alleged pressure on executives of the Banca Privada d'Andorra (BPA) to obtain information from Catalan politicians during the process, including the Pujol family or Artur Mas.
Initially, the Administrative Litigation Chamber of this court gave the green light to the delivery of the documentation. However, after analyzing the appeal for reversal filed by the former president, he was agreed and it was decided to agree on the requested precautionary measure.
The court explains that the evidence provided "reveals that at least there are signs that the Government seems to have acted differently from the one that is now being challenged." Thus, it warns that the policeman attached to the Spanish Embassy in Andorra at the time of the events -2014-2017- did have immunity or diplomatic protection, based on the initial belief, to carry out procedures to obtain bank information on Catalan politicians , including the former president of the Generalitat Jordi Pujol.
The Chamber explains that this was the origin of the investigation of the Andorran justice. "Such documents give rise, then, to glimpse and conjecture an alleged violation of the fundamental right to equality by verifying and contrasting both procedural assumptions," the resolution maintains. In other words, the TSJM maintains that there are indications that the Andorran justice system began an investigation of some police commanders who had diplomatic protection, the same immunity that Rajoy would enjoy at that time.
The investigation derives from a complaint, admitted for processing in 2020, which will be presented by the Institute of Human Rights of Andorra, the association Drets and the ex-president of BPA Higini Cierco, for the so-called operation Catalonia and includes as investigated the former Secretary of State of Interior Francisco Martínez and the former director of the Police Ignacio Cosidó.
The complaint, which was initially directed against members of the so-called "patriotic police", was later extended as a result of the incorporation of new complainants, including the Pujol family. The complainants point out that the testimony of former National Police commissioner José Manuel Villarejo proved that the police action under investigation also had its political leaders.
The complaint, filed for the crimes of coercion, threats, extortion, blackmail and documentary falsification, accuses Rajoy and Fernández Díaz of sending members of the police to pressure BPA officials to obtain information on bank accounts of Catalan politicians in the Principality. , including former president Artur Mas, the leader of ERC Oriol Junqueras or the Pujol family.
