Tuesday, January 18

The A Coruña Court prevents raising the summary secrecy in the case of Samuel

The Coruña Court prevents raising the summary secrecy in the case of Samuel.

The Coruña Court prevents raising the summary secrecy in the case of Samuel.

The Provincial Court of A Coruña has failed this Tuesday against raising the secrecy of the proceedings in the case of Samuel Luiz due to “the seriousness of the crime” and due to a series of pending investigation proceedings “of undoubtedly urgent nature”, reports the Superior Court of Justice of Galicia.

This measure, which is temporary, prevents the parties in the case from accessing the content of the investigation procedures carried out so far.

The Hearing, therefore, has upheld the appeal filed by the Prosecutor’s Office and has annulled the order issued on July 14 by the Investigating Court number 8 of A Coruña that lifted the secrecy of the proceedings.

The court has taken into account to maintain the measure “the seriousness of the crime main object of research, the plurality of stakeholders and the existence of a series of police and judicial investigation procedures pending of practice and of undoubtedly urgent character “.

In addition, it indicates in the car that this situation of secrecy “should be prolonged, at least, until the substantial investigative acts“, including the testimony of the people who witnessed the events.

Secrecy, according to the Hearing, is necessary to “ensure the proper development of the instruction, guaranteeing the sources of evidence, the full normality of its development and avoiding situations of risk for the plurality of the witnesses pending to give testimony.” A) Yes, the court warns that the police investigation “is not completed.”

The magistrates explain in the order that the figure of the secrecy of the proceedings, like any rule limiting fundamental rights, is temporary and, in this case, necessary.

Therefore, they point out that “temporary limitation of the exercise of the right of defense” it is intended “to establish safeguard precautions when the intervention of the accused in the judicial proceedings may give rise to interference, manipulation or obstruction of the investigation”.

In addition, they clarify that the measure is “necessary, exceptional, temporary and extendable, so that the operation of the right of defense is not relegated to the oral trial “.

The Prosecutor’s Office filed an appeal last Wednesday before the Provincial Court of A Coruña against the lifting of the summary secrecy that the Investigating Court number 8 of A Coruña decreed on the Samuel Luiz research.

Of the six arrested for this crime, three remain in provisional prison, one has been released with precautionary measures and two minors have been admitted to a center.


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