The Criminal Chamber of the National Court has estimated the appeals of Pablo Iglesias and Dina Boulselham against the order of the investigating judge Manuel García Castellón who withdrew the condition of injured the leader of Podemos in the piece that investigates the theft of the cell phone of his former advisor. The Chamber understands that the elements by which the legitimation of Iglesias was sustained as injured in the case that began as a piece of the so-called Villarejo case are maintained.
In a car, the magistrates of the Third Section recall in their brief that the object that gave rise to this piece was an alleged criminal organization through which the investigated allegedly marketed, taking advantage of Villarejo’s police condition, illegal services of access to restricted documentation, monitoring of people or interventions without judicial authorization. The Chamber adds that in the search of the retired commissioner’s home, among the seized material, a computer storage device was found containing files with documents from Bouselham’s mobile.
In addition, the Court explains that some of those documents filed on the mobile phone and whose theft was denounced by the latter, among which were screenshots relating to conversations by courier services in which Iglesias had intervened, were published by OK Diario and other digital newspapers after the date on which the complainant fixed the theft.
The Chamber argues that the initial admission by the investigating court of Iglesias as injured “could not be based but on the acceptance as plausible in accordance with the proceedings up to that date, of the fact that the publication of the files initially stored on the telephone number of Mrs. Bouselham had as a source the organization of Mr. Villarejo, object of investigation in these preliminary proceedings, together with such acceptance of the consideration as possibly criminal of the obtaining and / or dissemination of the information and the appreciation of the virtuality of the dissemination of those contents to cause a loss to Mr. Iglesias ”.
Those elements, which connected Iglesias with the object of the process and allowed his characterization as injured party, remain today.
The order explains that the authorization of Iglesias as injured party is not compatible with the existence of alternative hypotheses such as that, according to the decisions of the investigating court, there were other sources of publication of the mobile content, including the appellants themselves. In this sense, the appealed resolutions allude to the existence of other copies of the published files held by the Interviú magazine.
Therefore, the judges consider that on the date the contested orders were issued, there is no evidence to support that the events have occurred in accordance with any of those alternatives indicated by the central investigating court, “for which reason we find ourselves in the face of mere hypotheses that do not detract from the aforementioned connection of the appellant Mr. Iglesias with the purpose of the process by virtue of which – according to the provisional assessment that corresponds to carry out in this procedural phase and without prejudice to what could be proven – He was recognized as a party as the injured party and to act in defense of his rights and interests ”.
The Chamber adds that the fact that this separate piece of the Villarejo case remains open can only be due to the existence of indications compatible with the attribution to the investigated organization of the illegal obtaining and / or publication of the data of Ms. Bouselham, which in turn is compatible at the expense of what turns out to be credited, with the eventual damage of Mr. Iglesias.
In relation to the alternative hypotheses raised by the investigating court regarding the origin of the published information, as well as the nature and authorship of the damage to the card that Iglesias gave to Bouselham, the court indicates that they would not be the jurisdiction of the National Court to the acts had allegedly been committed outside the investigated criminal organization and by persons outside of it, so that possible criminal offenses would lack the connection required for joint prosecution, so they should be investigated in another judicial body.
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The HuffPost and has been updated.“data-reactid =” 32 “> This article originally appeared on The HuffPost and has been updated.