The National Court accepts the complaint against Hamas leadership by the father of the Spanish woman killed in the attack on Israel
Judge Maria Tardon agrees with the criteria of the Prosecutor’s Office and its admission in addition to the proceedings already opened for these incidents
judge of the national court Maria Tardon has acknowledged taking action on a complaint against eight members of the Hamas leadership filed by the father of Maya VillaloboThe young Spanish woman who was murdered in the attacks israel On 7 October 2023.
This is stated in an order of the Titanic Magistrate Central Court of Instruction No. 3 Which indicates that the legal representation of the victim’s family accuses the leadership of the crime of terrorism. Tardon has agreed to this entry for processing in accordance with the criteria prosecutor’s office and agrees to add it to the proceedings initiated in this judicial body on 11 October to investigate the death of the young woman and another Spaniard, Ivan Illaramendi, and his wife.
With regard to the possible attribution of investigative status to members of the Hamas leadership, their possible subpoenas to testify and the adoption of measures aimed at their arrest, something that the indictment requested, Tardon called for waiting for the outcome of the commission. The request has already been sent to Israel in open proceedings.
In five pages, the magistrate explains that it is appropriate to accept the complaint because the young woman’s father is a victim of facts for which Spanish jurisdiction is competent.
However, remember that the complainant is fully aware that due to the same facts there is already a criminal case pending in the court, in which he has been involved since January, so acceptance of the complaint will not initiate a new case. process, but will be added to an already opened process, as established criminal procedure law,
It was February 2024 when the judge, who was already investigating the deaths of Spaniards Iván Illarramendi and Maya Villalobo in a terrorist attack, asked Israel to provide all information collected regarding the authorship of the events. let agreed. Also reports regarding the assault claim.
In that order, Tardon explained that the Civil Guard reports that the prosecutor of the case gathered in his request to archive the case what happened in the context of “the informational uncertainty of the type of violent actions and war scenarios.” And he pointed out that this might make it “impossible to obtain further clarification of the facts (…) and to determine their specific authorship.”
But despite this, the magistrate pointed out that he had to take into account, as raised by the private allegations made in this case, that “the right to information is one of the fundamental rights of a victim of crime”, as The victim gets involved in the law.
He explained, “This directive should lead to the exhaustion of all investigative possibilities”, gathering whatever information can be provided in this regard “from the judicial authorities that may be competent in Israel, on whose territory the incidents occurred. “
Prosecutor’s report
And all this, Tardon added, without prejudice to the fact that the dismissal requested by the Prosecutor’s Office would ultimately have to be agreed if a positive result was not obtained regarding the circumstances in which the Spanish citizens died, as well as their Hui. Potential liability.
This report of the Prosecutor’s Office regarding the dismissal was submitted on December 1, 2023, after receiving a police report which stated that everything indicated that both deaths were caused by the terrorist action of Hamas.
However, Tardon agreed to issue requests for judicial assistance in criminal cases to Israeli authorities, “so that they provide information related to the investigation (…) including an expert report or judicial dossier prepared by the Israeli Prosecutor’s Office.” Can do.” Explain the causes and circumstances of the death of the Spaniards and the wife of one of them.
It also explicitly requested that Israel “submit a prepared report (…) concerning the authorship of the events and the claim of the attack (…) by the terrorist organization Hamas.”
research mystery
It was last October when the National Court agreed to the confidentiality of the investigation into the death of Maya Villalobo and what was at that time considered the kidnapping of Ivan Illaramendi following the attacks carried out in the State of Israel and the Palestinian territories. Horoscope And Western coast,
Tardon accepted the case upon understanding that the National Court was the competent court to investigate these incidents. It should be remembered that Villalobo was serving military service in the Israeli army because he had dual nationality, and Illaramendi, 46, lived in a kibbutz. kisufimNear Gaza.
The latter disappeared along with his wife, a Chilean national, whom the magistrate also agreed to include in the investigation. But last November it was confirmed that both were killed by Hamas during a terrorist attack on October 7 and were not abducted at any time, Israeli diplomatic sources told Europa Press. The bodies of both were identified exactly one month after the terrorist attack.
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