A total of 20 complaints filed by profiles ranging from individuals in a private capacity Professional groups must now be analyzed by ordinary courts and not all of them will have the chance to prosper. In the huge list of accusations that were reaching the Supreme Court during the first months of the pandemic, many sin, as the Prosecutor’s Office has already warned, of an obvious “evidentiary orphanhood” and others attribute a responsibility for elevation to public positions that is difficult to credible without an investigation previous. This is the case of the complaints that point to ministers for direct criminal responsibility in the more than 40,000 deaths that the pandemic has already caused in Spain. In any case, they will have to go through the dean of the Madrid Examining Courts, the first filter.
The common denominator in the complaints is the facts. They are all about the authorization of concentrations and acts prior to the establishment of the state of alarmSuch as the demonstration for Women’s Day on March 8, a matter that a Madrid court investigated in its day to reach the conclusion that the Government Delegate could not be blamed.
In the Supreme Court, the perspective is similar, since a crime of homicide cannot be charged based on a statistic.
The other most noted fact is the lack of means of protection or adequate protection for those on the front lines, from toilets to security forces. This matter is key for the Supreme Court and considers that it should be investigated in the ordinary justice system.
In total there are 19 plaintiffs – one presented two different initiatives – and they can be grouped into three large groups. First, there are professional groups. They include the Unified Civil Guard Association, the Madrid Municipal Police Professional Collective, the General Council of Official Nursing Associations, the State Confederation of Medical Unions, the Association of Higher Qualified Doctors, CSIF and the Central Unitary of Traballadoras.
Secondly, the associations, such as Abogados Cristianos, HazteOír and Terra SOS-Tenible. And thirdly, individuals, either grouped under platforms such as the Collective of citizens and relatives of COVID victims, which represents 3,268 people, or individually. There is also a complaint from Vox. It is the only political party that took this initiative.
Each complaint has its own objective, but in general terms, they are directed against the Prime Minister and all members of the Council of Ministers, although several are directed specifically against the person in charge of Health, Salvador Illa, such as those of medical groups; and the owner of the Interior Fernando Grande-Marlaska in the case of law enforcement associations. Likewise, there are initiatives against intermediate positions such as the General Director of Public Health, Pilar Aparicio or the director of the Coordination and Alerts center Fernando Simon, delegates and sub-delegates of the Government from different parts of the Spanish geography, the Ombudsman and magistrates of the Supreme Court and the Constitutional Court, among others.
The crimes that are most repeated among the complaints are those of prevarication, either by action or omission, and crimes against workers, but they also point to misappropriation in relation to defective or failed sanitary material.
For none of them should prosper. In a report he recommended inadmissibility to the Criminal Chamber because he understood that the crimes mentioned did not occur or the complaints did not substantiate them adequately.
Likewise, individuals and groups point to members of the Government for reckless homicides and injuries, although the Supreme Court has already ruled out that a cause-effect relationship can be established between government decisions and each of the thousands of deaths from Covid.
A different case is that of nursing homes, where several of the complaints are directed against public charges for elevation. The ordinary justice shall determiner if conducts that caused death were committed and if these are attributable or not to political decisions. It is about starting the investigation from the bottom.
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