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Relatives of a woman who died of coronavirus have presented this Friday a complaint against the director of the Center for the Coordination of Health Alerts and Emergencies, Fernando Simón, for the crime of reckless homicide when he is held responsible for at least 27,000 deaths from coronavirus in Spain for having “publicly communicated a series of erroneous and contradictory guidelinesLikewise, they request as a precautionary measure the withdrawal of a passport and the prohibition to leave the national territory.

The complaint is based on the Supreme Court ruling on the ‘Madrid Arena case’ to justify the crime of reckless manslaughter. As the brief presented in the investigative courts of Madrid recalls, the high court revoked the acquittal issued by the Madrid Provincial Court regarding a vigilante who, “seeing an assistant crushed, did not do the resuscitation, and an ambulance later arrived. that it was done, dying the same. “

The brief indicates that the legal foundations of this judgment describe the doctrine of “increased risk”, which according to the complainants can be applied to the “conduct” of Simón, who has offered a press conference daily to communicate the evolution of the coronavirus pandemic during the health crisis.

The complaint – to which others will adhere, as he warns – ensures that Simón “has been publicly communicating a series of contradictory erroneous guidelines, making the entire population believe that the impact of Covid-19 in our country it would be minimal

“These guidelines have been fatal because they caused, in a generalized way, let your guard down to such an extent that it was not possible to collect preventive means for hospitals and for the general population to be able to work and carry out their daily lives with health guarantees, condemning millions of people to unemployment or job insecurity, converting Spain in one of the countries on the planet with the highest number of deaths per 100,000 inhabitants as a result of covid-19 infection, “adds the complaint.

Simón “took iron from the situation”

The writing emphasizes two public statements of the expert in which it would be demonstrated that “he took iron from the situation”. The first of these is when on January 31 — a day after the World Health Organization (WHO) declared the coronavirus a “global emergency situation” —from the Palacio de La Moncloa, he stated that Spain I was not going to have “much more than a diagnosed case“and that if there was local transmission it would be” very limited and very controlled. “

The second of the protests the complainants reproach is the answer he gave to a journalist’s question about whether he would recommend attending the demonstrations of March 8 for International Women’s Day. Simón said that “he would not prohibit his own son to come, having to decide for himself”.

The plaintiffs, represented by attorney Verónica Suárez, also point out that, despite knowing the WHO alert, Simón did not demand to the Government “the taking action with much more time to have cushioned the effect “of the coronavirus.

In this sense, the complaint refers to the criminal case opened against the Government delegate in Madrid, José Manuel Franco, by a crime of prevarication for allowing mass gatherings in the days prior to the declaration of the state of alarm, such as 8-M.

The judge investigating this case decided rule out the commission of an alleged crime of reckless injuries after receiving the report of the forensic doctor, who established that there is no “causal relationship” between attending a demonstration and contagion by coronavirus, since it is not possible to know where a person who attended a concentration could actually be infected .

Delay in warning of “true magnitude” of pandemic

However, the complaint, without discussing whether “it is known whether this or that specific person incubated the virus by touching an element of his work, the knob of his house, or a subway railing, since we would enter the land of the hypothetical “, stresses that” the important thing is the delay in warning the population of the true magnitude “of the epidemic, despite warnings about the risk of contagion from other administrations and knowing the situation that Italy was experiencing at that time.

Thus, it affirms that the Supreme Court also has jurisprudence in this regard and recalls the ‘case of colza oil’ in which the high court increased the sentence of one of the accused officials on the understanding that should have anticipated “potential danger which in the long run resulted in very serious results “.

With all this, the complainants propose that, in the event that their brief is admitted for processing, two separate pieces to investigate Simón, and “those people, especially from the Ministry of Health, who may also be responsible for the events,” he warns, for the crime of reckless manslaughter.

Alleged crime against workers

But also for a Crime against the rights of workers understanding that “the person who occupies the highest position of technical responsibility” has not adopted the protection measures in advance, while several courts have “forced” various Ministries to provide this material to different groups and the National Police and the Army de Tierra made mention of such a need in their occupational risk prevention reports.

The complainants emphasize that do not understand why the use of masks has been made mandatory “now that the number of deceased falls”, while in the “moment of greatest mortality, against the criteria of other public technical bodies, nothing should be encouraged or forced in this regard.”

Regarding the second separate piece, the brief urges the investigation of a alleged crime of falsehood in a public document committed by a public official, for having given “apparently” “false” data on the number of deaths. In this sense, he recalls that the Superior Courts of Justice of Castilla-La Mancha and Castilla y León have issued reports that point out that the number of deceased is “much higher”.

Due to the seriousness of these crimes, the complainants request that Simon’s passport be withdrawn and he be forbidden to leave Spain, recalling that the director of the Coordination Center for Health Alerts and Emergencies “has resided part of his life, for professional reasons, in African countries”.

Stagecoach practice

As for the practice of proceedings, the lawyer Verónica Suárez requests that a dozen of them be carried out, as the Ministry of Health is required to provide full and ordered copy of all written communications, official or not, of the defendant with any other component of the Ministry, or out of it since 2019.

He also wants the department headed by Salvador Illa officially provide the death toll that have been taking place publicly since the start of the pandemic and that the Central Civil Registry be asked for a count of deaths broken down by province in the months of March to June of the years 2018, 2019 and 2020.

In addition, it urges that the Palacio de la Moncloa be requested all recordings of all interventions broadcast on television that Simon has made from there.

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