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Monday, August 12, 2024

Is the victim's lawyer required to keep secret what transpired in the summary proceeding?

 In December 2023, two soldiers died having disappeared during a military exercise.  The disappeared were involved in an exercise traversing water in Cerro Muriano (Cordoba, Spain) and after a search were discovered and declared to have "drowned" in an accident.  

The two soldiers were Miguel Angel Jimenez Andujar, 34, married and a native of Cordoba and Carlos Leon Rico, 23, single and born in the  municipality of Viso del Alcor.

Luis Romero, lawyer for Carlos Leon Rico's family argued that the  secret of the proceedings ("secreto sumarial") did not bind him in the same terms as the rest of the parties to the case.  Romero challenged the military court and stated "I am going to keep talking to the press," arguing that he was exercising his right to freedom of expression.  The judge is prosecuting six members of the military for the death of the two soldiers in Cerro Muriano.

The lawyer was reprimanded for having given information to the press on the case which is still pending and then presented an appeal which was rejected.  The Supreme Court of Spain has established that the "secreto sumarial" includes all the elements of the investigation that lead to the proof of the crime.

1 comment:

  1. Fascinating. Can't wait to hear how this plays out. The "secreto sumarial" seems like a recipe for sweeping serious crimes and human rights violations under the rug.

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