2024-04-25 07:03:00
This Wednesday the Court of Instruction No. 41 of Madrid has opened investigation proceedings once morest Begoña Gómez, responding to a complaint filed by the “Syndicate” Clean Hands, based on several newspaper articles, one of them confirmed as a hoax. All this has led to a possible resignation of the country’s president, Pedro Sánchez, but who is the person who started it? Who is the judge who has opened these proceedings?
The magistrate is none other than Juan Carlos Peinadohead of Court 41 of the Plaza Castilla courts. A judge who is not unknown to the media since he has presided over several controversial cases involving accusations once morest journalists, once morest soccer players and other complaints presented by Manos Liminas.
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Peinado’s best-known case occurred in 2019. At that time, the magistrate made the decision to call journalists from eight prominent media outlets in Spain to testify as investigated, including El Mundo, El País, ABC, El Confidencial, La Vanguardia, El Español, Cadena Ser and RTVEfor an alleged crime of revealing secrets, for having leaked information, which was under summary secrecy, regarding the arrest of several members of the Committees of Defense of the Republic (CDR).
The controversy arose given that, at the time of the dissemination of this data, which included details of public importance such as secret meetings and subversion plans, the summary led by the judge of the National Court, Manuel García Castellón, was under summary secrecy. It was not until weeks later that this secrecy was lifted, allowing greater disclosure of information concerning the activities of the group accused of terrorism. The request to investigate the journalists came from a request from the defenses of the seven members of the CDR in provisional prison, who demanded an investigation into the origin of the leaks.
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These leaks revealed sensitive meetings and communications between those investigated and important political figures, such as a “secret meeting in itinere” on September 15, 2018 with the sister of the former president of the Generalitat, Carles Puigdemontwith the objective of transferring documentation and establishing a secure channel of communication with the then president, Quim Torra. Furthermore, this information included the existence of a conspiracy plan once morest State institutions, which suggested the orchestration of an assault on the Parliament of Catalonia in an attempt to alter the constitutional order.
However, the case did not go very far, since it mainly affected officials. Their obligation is to protect the information they handle, while journalists, for their part, have the obligation to publish it if it is true and of public interest, so the latter might not be charged.
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This last one is not the first time that Peinado has opened proceedings for a complaint from Clean Hands, since in 2015 he was the one who brought the case once morest the Madrid councilors. Pablo Soto (Now Madrid) and Guillermo Zapata (Vamos) for some offensive tweets once morest other politicians, such as the former mayor of Madrid, Alberto Ruíz Gallardón.
Clean Hands filed its complaint alleging that the councilors had committed possible crimes of provocation to discrimination and hatred for racist, xenophobic and anti-Semitic reasons, and crimes of libel and slander. They also considered that they had incited on social networks “to hate” y “to racism” and that they had insulted the honor of people.
The appeal ended up being rejected by the Provincial Court, since it violated the principle of legality, given that there was already a similar case pending in the National Court. In addition, the plaintiff organization was obliged to pay the procedural costs, pointing out the action “I would fear the malicious” to file parallel legal actions in different courts with contradictory arguments.
Already at that time, Ahora Madrid issued a statement criticizing the use “abusive and media” of judicial resources by Clean hands and highlighting the redundancy of the actions of the “Syndicate” when trying to open another judicial process once morest him in Segovia, which was also dismissed to avoid parallel trials.
Another of the setbacks that Peinado has suffered was the investigation he carried out once morest Raúl González Blanco, former Real Madrid footballer. The athlete was accused of allegedly having emptied one of his companies to avoid paying a debt of more than 7 million euros that another company required.
The judge of the Plaza Castilla Courts had the intention of closing the case, but the Provincial Court gave him a wake-up call by forcing him to continue with it. At that time, the high court reached censure the magistratepointing out that it was not his responsibility to rule on the perpetration of criminal acts.
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