The political party Podemos has filed a constitutional appeal before the Constitutional Court against the Supreme Court’s dismissal of a lawsuit filed against judges Manuel García-Castellón and Joaquín Gadea for alleged crimes of prevarication and disclosure of secrets, among others. The lawsuit was filed due to various leaks that occurred during the investigation opened at the National Court for alleged illegal financing of Podemos, a case that was ultimately dismissed. The plaintiffs argue that an illegal investigation was carried out, violating the fundamental rights of the accused individuals, as well as their right to participate in politics without unjust disturbances, as guaranteed by the Constitution. They also claim that the right to effective judicial protection was violated.
Podemos argues in its appeal that the case has constitutional relevance because there is no doctrine from the Constitutional Court on such cases where the necessary investigation of crimes against the Administration of Justice is addressed from the perspective of effective judicial protection. They mention crimes of prevarication, disclosure of secret information, and the failure of the judicial authority to pursue crimes in relation to the leaks. The appeal points out that the right of media and journalists to not reveal their sources creates a space of impunity when no investigations are carried out on these leaks, as in the case of the dismissed lawsuit. They also refer to a European directive that reinforces aspects of the presumption of innocence in criminal proceedings, highlighting the obligation of public authorities not to disseminate information that could bias suspects as guilty.
The appeal highlights the dissemination of case information by public authorities in a biased manner during the investigation into Podemos’ financing. They argue that this information was spread for purposes unrelated to the legal process, causing damage to the reputation of the accused individuals. Despite the case being closed in 2017 and reopened in 2021 based on unreliable testimony, the investigation lacked sufficient evidence and appeared to be driven by an arbitrary inquisitive will from the judges involved. The appeal questions the secrecy surrounding the reopened case and the lack of motivation behind it, pointing out the arbitrary nature of the decision.
The lack of motivation behind the investigation into events between 2008 and 2017, when no crime of irregular financing existed, is also highlighted in the appeal. The majority of the requested evidence, such as bank transfers or financial records, was under the control of third parties or public institutions, making it unnecessary to keep the case secret. The appeal requests the annulment of the Supreme Court’s decisions to dismiss the lawsuit against the judges and the subsequent appeal for review, which according to Podemos, violated their right to effective judicial protection. They also demand the right to a sufficient and efficient investigation into the events covered in the lawsuit.
