The Court of Instruction of Ceuta has decided to withdraw from the case in which the actions of the Government delegate in the autonomous city, Miguel Ángel Pérez Triano, are analyzed due to the massive entry of migrants recorded on July 30 and 31, and has ordered to refer the procedure to the National Court, which is already directing the main investigation into these events.
Judge María de la Luz Lozano has agreed to abstain from the preliminary proceedings in favor of the magistrate of the National Court María Tardón, as she perceives that there is an objective and subjective connection between both procedures.
In the order, dated this Monday and to which Europa Press has had access, it is indicated that the facts under investigation are part of the "same factual and operational sequence" that constitutes the core of the main case, focused on the "organization, mobilization, and effects of the massive entry of people from Morocco."
The resolution emphasizes that the Prosecutor's Office had previously requested the abstention, understanding that there is "unity of context, sequence, and evidence" between the two investigations.
In this sense, the magistrate considers that unified processing is the most appropriate option to clarify what happened and, if applicable, determine responsibilities, in accordance with the rules of the Criminal Procedure Law regarding related crimes.
The order also recalls that the National Court, upon assuming the main case, stipulated that the investigation should include "all actions carried out in Spanish territory" related to the massive entry, including those concerning the deaths that occurred during the swimming crossing.
The judge adds that, when related crimes occur and different judicial bodies have initiated actions, the competence must fall on the court that began the instruction first, a criterion that, in this case, attributes the case to the National Court.
Origin of the procedure in Ceuta
The proceedings in Ceuta were opened following a complaint from the association Manos Limpias regarding the actions of the Government delegate during the events of July 30 and 31, based on the information and warnings that he would have received about the massive arrival of immigrants.
The association Hazte Oír is also involved in the case, represented through a lawsuit, which had requested the practice of various proceedings and submitted a written expansion of the lawsuit.
The magistrate of Ceuta orders that it be the competent judicial body that pronounces on these requests and on the expansion of the complaint, understanding that, once its lack of objective competence is appreciated, it should not resolve on them to avoid decisions that may interfere with the main investigation.
Furthermore, the dispositive part of the order commands to send "in full" the proceedings to the judicial body of Madrid, keeping sufficient testimony in the court of Ceuta.
The resolution is not final, as the parties can file a reform appeal within three days from the notification and, subsidiarily or independently, an appeal within five days.