Judge Ángela Murillo has rejected the request for representation of the defendants in summary 13/13 that their defendants cannot be prosecuted due to the different irregularities that have been registered in the procedure, so the hearing continues go ahead.
In principle, the next session will be this Tuesday, but it depends on the reaction of one of the members of the court to the second dose of the coronavirus vaccine that they have inoculated. As Murillo explained, depending on his reaction on Tuesday morning, the second session will be held or it will be postponed to Wednesday. In that second session, a statement will be taken from the accused, starting with Arantza Zulueta.
Jone Goirizelaia, Naia Zurriarain’s lawyer, has alleged in the previous questions that are being raised at the beginning of the hearing that her client cannot be tried again for some facts for which she was already convicted in June 2018. The rupture of the concept from ‘not twice the same ‘, not trying a person again for some facts on more than one occasion is one of the elements that have stood out among the irregularities of this procedure.
The lawyer has emphasized that the indictment and the prior conviction refer to the same events, classified as a crime of “integration into a terrorist organization.” During her stay in prison she was classified as FIES, as is done with those convicted of this cause.
Alfonso Zenón, lawyer for Arantza Zulueta and Jon Enparantza, has raised up to six questions to request the annulment of the procedure. In this way, he has requested the recusal of the court because he participated in the trial against Gestoras / Askatasuna, which analyzed the so-called “makos front” and the role of lawyers, an issue that focuses the current case, replacing the “makos front »By the Halboka organization.
Likewise, it has put on the table the intervention of the CNI in the procedure, that the searches were carried out without the presence of the accused or their legal representation. Along with this, he has questioned the validity of David Pla’s identification in the proceedings by the Civil Guard, since at the time of the alleged identification he was in prison. All these elements affect the defenselessness of its represented in this procedure.
Aiert Larrarte has resorted to the lack of effective judicial protection due to the intervention of the CNI without legal coverage and without jurisdictional control in the case of Iker Sarriegi and that of the thing already tried in that of Julen Zelarain.
Whitout deal
The Office of the Prosecutor has not wanted to reach an agreement with the representation of the defendants, which would have implied a conformity of the sentences and that the trial would not be held, as has happened in other cases.
Sources from the Prosecutor’s Office indicate that the agreement has not been possible because the individual accusations on behalf of groups of victims have not wanted, although from the defense side it is indicated that the Public Ministry has not been receptive to this possibility to the point of that it has been impossible to even hold a meeting to negotiate the issue.
–
