The Supreme Court of Spain is set to review the appeals of former Minister Jos\u00e9 Luis \u00c1balos and his advisor Koldo Garc\u00eda this Thursday. Their cases revolve around their provisional imprisonment due to an alleged “extreme” risk of flight related to an upcoming trial concerning irregularities in mask purchases, with the trial anticipated but currently without a fixed date.<\/p>\n
The Criminal Chamber has organized two hearings to address these appeals\u2014\u00c1balos\u2019 case will be heard at 10:30 a.m., followed by Garc\u00eda’s half an hour later. In a critical twist, \u00c1balos will be represented by both his former attorney, Carlos Bautista, who resigned due to “contractual differences,” and his new lawyer, Marino Turiel. The court’s order mandates Bautista to attend unless explicitly excused.<\/p>\n
In their appeals, submitted following a November 27 decision by Investigating Magistrate Leopoldo Puente, \u00c1balos and Garc\u00eda challenge their detention, asserting that it lacks a solid legal foundation. \u00c1balos argues that the magistrate’s decision constitutes an “unreasonable use of the law” and claims that the reasons cited for his imprisonment are vague and insufficient. <\/p>\n
His defense also highlights his established family connections, noting that he is responsible for the care of a younger son on weekends and has a recognized fixed residence in Spain. They assert that the conditions for provisional detention\u2014meant to be exceptional\u2014are not met in this instance, especially when there are no valid indications of a real flight risk.<\/p>\n
Similarly, Koldo Garc\u00eda has sought release from prison, offering to pay bail. He contends that his increased financial assets are justifiable through his income. His defense argues that the provisional detention can\u2019t be substantiated, as the key evidence has already been collected and there poses no risk of him obstructing the investigation.<\/p>\n
Garc\u00eda\u2019s defense also challenges the credibility of statements made by other defendants, particularly the claim that he received substantial undisclosed financial benefits. They emphasize that his economic contributions during the inquiry period have been supported by verifiable sources of income.<\/p>\n
The Prosecutor\u2019s Office has requested substantial prison sentences: 24 years for \u00c1balos, 19 and a half years for Koldo, and 7 years for the businessman accused in the case, V\u00edctor de Aldama. The Popular Party (PP), leading the accusations, has demanded even harsher sentences of up to 30 years for both \u00c1balos and Garc\u00eda.<\/p>\n
The outcome of this Thursday’s hearings will be crucial for both former officials as they await the trial\u2019s onset. The decision could potentially influence the course of the legal proceedings surrounding the controversial mask procurement case, which has drawn significant attention in Spain. As the situation develops, the legal teams for both \u00c1balos and Garc\u00eda aim to dismantle the grounds for their provisional imprisonment and assert their rights under Spanish law.<\/p>\n