The Prosecutor's Office has just given a warning to the judge of the National Court Manuel García-Castellón for his handling of the Democratic Tsunami case. The public ministry has just submitted a letter to the instructor himself warning that he is postponing the processing of his appeal against the accusation of the former president of the Generalitat Carles Puigdemont for an alleged crime of terrorism.
The prosecutor in the case, Miguel Ángel Carballo, warns the magistrate that he has been delaying the submission of his appeal to the Criminal Chamber of the National Court for twenty days so that it can be resolved. "This Ministry understands that the Court should have already submitted the appeal filed to the Chamber, which is expressly requested without establishing further delays, which if they persist would be brought to the attention of the Chamber, the only channel that would be left to this Ministry to obtain a response to their effective judicial protection through appeal," he explains in his writing.
The Prosecutor's Office appealed to the Court against the judge's order by which he initiated an investigation regarding Puigdemont, the general secretary of ERC, Marta Rovira and other people for a crime of terrorism in the case of Tsunami Democràtic, a movement to which responsible for being behind the altercations in Catalonia after the procés ruling in October 2019.
The prosecutor in the case does not see that these events can be considered terrorism, and he does not believe that there are indications of Puigdemont's responsibility in the organization or planning of this movement. He also rejects that any of those investigated can be held responsible for any injuries, deaths or damages caused in the altercations because to this day the perpetrators have not even been identified.
This last point was key because from what is known about the negotiations for the amnesty text, they were going to admit as amnesty those causes considered to be terrorism linked to the process as long as there had been no injuries or death. With García-Castellón's order, Puigdemont would be excluded from the amnesty. After the appeal by the Prosecutor's Office, the ball is in the court of the Criminal Chamber of the National Court, which must now determine who is right.
"Regarding the formalization of the accusation of Carles Puigdemont, the only one to whom the judge devotes a minimum, although scarce, motivation, it is worth saying that the evidence recorded is insufficient for this purpose," states the appeal filed directly before the Court of Appeal. Criminal Matters of the National Court.
The Prosecutor's Office demands that the order be invalidated, the accusation of Puigdemont, and the general secretary of ERC Marta Rovira, among others, be lifted, and that the matter be ordered to be sent to the ordinary courts for crimes of public disorder, once the The crime of sedition has been repealed from the Penal Code.
Regarding the former Catalan president, the prosecutor warns that García-Castellón's accusation is based on a report from the Civil Guard that includes the implications of the alleged promoters of Tsunami Democràtic. However, he emphasizes that with respect to Puigdemont, not even any section or chapter is dedicated to him in the report nor are specific facts attributed to him in relation to criminal activities related to Tsunami Democràtic.
