Court Orders Judge to Examine Handwritten Notes Seized from ETA Command in Portero's Murder Case, as Decided by the National Court and the Judge in Question.
In a significant development, the Criminal Chamber of Spain's National Court has ordered new investigations into the assassination of prosecutor Luis Portero, who was killed by the Basque separatist group ETA in 1999.
The decision comes after an appeal filed by Daniel Portero, the son of the slain prosecutor, against the refusal of Judge Ismael Moreno to carry out a series of diligences. The magistrates have ruled that the diligence on the authorship of the handwritten notes seized from the 'Andalucía' commando must be admitted.
The 'Andalucía' commando, dismantled and its members arrested in March 1998, around two and a half years before the assassination of prosecutor Portero, is believed to have some connection with the case. Daniel Portero insists that the handwritten notes intercepted from the commando might have been written by Javier Garcia Gaztelu or Ainhoa Mujica Goni, two alleged members of ETA.
The magistrates have also ordered a report on the traceability of explosives, weapons, ammunition, and license plates used in the attack on Mr. Portero by the members of the 'Erraia' commando of ETA. This decision is based on the indications of shared decision-making in Otsagui mentioned in the report.
The court will decide on the declaration as investigated of Ainhoa Mujica Goni and Francisco Javier Garcia Gaztelu after all diligences have been practiced or those derived from them. The extended instruction period or extensions necessary for the development of all diligences will be considered by the court.
The magistrates have concluded that the request for these new diligences is "relevant and useful". However, they believe there are no elements to conclude that the testimony of the members of the 'Andalucía' command will provide new data to the case.
The Third Section has partially upheld the appeal, and the magistrates' statement emphasizes that the appropriate decision will be taken by the court once the admitted diligences have been practiced or those derived from them, and based on the valuation it makes of the set of those practiced.
It's important to note that detailed information about ongoing judicial diligences on this specific case—such as forensic analyses of handwritten notes or tracking materials—has not been widely published or updated in accessible sources. If you need the absolute latest or official judicial updates, I recommend consulting relevant Spanish judicial authorities or official court bulletins.
The Criminal Chamber has deemed it pertinent to carry out reports on the traceability of explosives, weapons, ammunition, license plates, and other elements used in the attack on Mr. Portero by the members of the 'Erraia' commando of ETA. The court will also consider the link between 'Txapote' and Mujica with the attack, as requested by the Public Prosecutor's Office.
The instructor of the case, upon reopening the proceedings, only ordered a diligence that the Public Prosecutor's Office had requested: a report from the Information Headquarters of the Civil Guard on the link between 'Txapote' and Mujica with the attack. The fact that one of the convicted is Juan Antonio Olarra Guridi, a member of that group, does not rule out that the analysis of the origin of all those elements may reveal data that connects with the supply to the other two alleged members.
The magistrates of the Third Section have partially upheld the appeal, and the appropriate decision will be taken by the court once the admitted diligences have been practiced or those derived from them, and based on the valuation it makes of the set of those practiced. The court will decide on the declaration as investigated of Ainhoa Mujica Goni and Francisco Javier Garcia Gaztelu after all diligences have been practiced or those derived from them. The extended instruction period or extensions necessary for the development of all diligences will be considered by the court.
The Criminal Chamber has also rejected correcting the decision of Judge Moreno not to recall a protected witness, as there is no basis to sustain that it will contribute more data about the facts of this case. The magistrates believe there are no elements to conclude that the testimony of the members of the 'Andalucía' command will provide new data to the case.
In conclusion, the Spanish National Court's decision to order new investigations into the assassination of prosecutor Luis Portero by ETA is a significant step forward in the pursuit of justice for the Portero family and the Spanish people. The court's decision to reopen the case and order new diligences demonstrates a commitment to ensuring that all aspects of the case are thoroughly investigated. While the outcome of these investigations remains to be seen, the court's decision is a positive step towards bringing those responsible for the assassination to justice.
The Spanish National Court's decision to reopen investigations into the assassination of prosecutor Luis Portero has brought events of political significance into the realm of general-news. As the court orders diligences into the traceability of explosives, weapons, ammunition, license plates, and other elements used in the attack, it is crucial to consider the link between these findings and the fashion in which terrorist organizations like ETA operated. The court's ongoing investigations could potentially shed light on the mechanics of crime-and-justice in Spain, inviting further scrutiny into the inner workings of clandestine clubs like ETA.
