The former Minister of Transport José Luis Ábalos is considering testifying voluntarily before the Supreme Court, which has taken over the investigation against him for his role in the Koldo case. As advanced by Ep and confirmed to 20minutos sources close to the deputy, Ábalos must still consult the decision with the lawyer José Aníbal, who will be in charge of his defense. If finally the ex-minister refuses to declare motu proprio, the Supreme Court will have to send a suplicatorio to the Congress of Deputies to allow it to investigate him for crimes of belonging to criminal organization, influence peddling, bribery and embezzlement..
The former Minister of Transport and former Secretary of Organization of the PSOE has already asked to testify as a witness in the National Court, where the investigation against his former advisor, Koldo García, against the ringleader of the plot, Víctor de Aldama, and other defendants is being carried out. But the investigating judge of the case, Ismael Moreno, decided to submit a reasoned statement to the Supreme Court so that this body could open an investigation against Ábalos.
In that writing, Moreno stated that there were “well-founded and serious” indications of the “leading role” of the former minister. in the corruption scheme. Last Wednesday, the Criminal Chamber of the Supreme Court agreed to take over the investigation of the Koldo case, but only with regard to José Luis Ábalos. Moreno had asked to investigate him for criminal organization, influence peddling and bribery, but the high court considered that there were also indications of embezzlement of public funds. The examining magistrate in charge of the investigations is Leopoldo Puente Segura, appointed by turn of distribution.
In its November 7 brief, the Supreme Court affirms that Ábalos “intervened” in the operations of the scheme and participated in “the benefits derived from his membership and achievement of the contracting”. Specifically, it highlights that Ábalos was able to enjoy “a house in the ‘La Alcaidesa’ urbanization, in Cádiz”, financed by the plot. In addition, the ringleader of the corruption financed “a rental contract in an apartment located in the building known as Torre de Madrid that was used by a person, Jessica Rodriguez, with whom the aforado was apparently related”.
The way of the suplicatorio
If Ábalos rules out the voluntary statement, the instructor must directly request permission from Congress to summon him as an imputed by means of a suplicatorio. Otherwise, the judge must listen to the ex-minister and decide whether to continue with the investigation (and send the suplicatorio), or file it. According to legal sources, the most common thing is that the Supreme Court asks the aforado if he/she wants to declare before sending a document to the Congress. Although the Constitution establishes that the deputies and senators “may not be indicted or prosecuted without the prior authorization of the respective Chamber.”It is very rare for the Cortes to reject a supplication from the Supreme Court.
This mechanism is regulated in the Criminal Procedure Act, which prevents the judge from initiating proceedings against a parliamentarian without the corresponding authorization. This must be requested through the Ministry of Justice. Once received, the Congress must leave the document in the hands of the Commission of the Statute of Deputies.which will have to prepare a report within 30 days. Afterwards, the proposal of the Commission is voted in Plenary. If the Congress does not make a decision within 60 days, “the request will be understood to be denied”.