The defense of Leire Díez has presented a new judicial move to try to overturn the proceedings. Her lawyers have requested the nullity of the case considering that the arrest was “unjustified” and “disproportionate”, according to the document obtained by several media outlets.
The defense's central argument is that there were not enough grounds to arrest her. According to her lawyers, there was no risk of flight, nor criminal flagrancy, and the police action could have been replaced by a simple judicial summons.
The request opens a new procedural battle within a case that already has a strong political dimension due to its connections with the Guardia Civil and the indictment of high-ranking officials of the corps.
The seizure of devices, at the center of the appeal
The appeal is not limited to questioning the arrest. The defense also attacks the seizure and access to mobile phones, diaries, computers, and personal documents of Leire Díez.
Her lawyers maintain that the intervention was carried out massively and without sufficiently specific authorization. In their opinion, this action could have violated fundamental rights by allowing access to personal, professional, and private information without adequate delimitation.
This point is key to the future of the case. If the judge accepts the nullity, part of the material incorporated into the investigation could become unusable. If he rejects it, the proceedings will continue with the documentation already seized and analyzed.
What the defense is asking for exactly
The defense requests that the proceedings derived from the arrest and the seizure of personal effects be annulled. In practice, it claims that the information obtained from the electronic devices and seized documents should be invalidated.
The objective is not only to question the way the arrest occurred but also to weaken the evidentiary basis of the proceedings. In a case where communications, diaries, and documents can carry significant weight, the validity of that material will be one of the decisive points.
The nullity, if successful, could affect the course of the investigation. But if the judge considers that the action was justified and correctly authorized, the case will proceed without losing those elements.
The case connecting with the Guardia Civil
Leire Díez is under investigation in a case that analyzes alleged maneuvers to influence judicial investigations and actions linked to the Guardia Civil. The procedure has been gaining political relevance as it has reached institutional officials of the corps.
The most sensitive derivative came with the indictment of Mercedes González, Director General of the Guardia Civil, and DAO Manuel Llamas, within an investigation examining possible crimes of malfeasance and obstruction of justice.
That leap has turned the case into a problem that goes beyond Leire Díez. The cause now affects the command structure of the Guardia Civil and places the Ministry of the Interior under pressure.
A procedural battle with political impact
The request for nullity introduces a new phase in the case. The defense is trying to shift the focus to the legality of the arrest and the seizure of evidence, while the investigation continues to analyze the possible scope of the maneuvers attributed to Leire Díez and other investigated individuals.
The judge's decision will be relevant because it can condition the solidity of the procedure. If he accepts the defense's arguments, the case could lose part of its evidentiary material. If he rejects them, the investigation will continue with more room to examine communications, documents, and possible institutional connections.
The Leire case thus enters a double battle: the judicial one, focused on the validity of the evidence, and the political one, marked by the connection with the Guardia Civil and by the responsibilities that may arise from the investigation.