Refugee fears make it harder for Spain to present evidence against Russia

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This Investigation Spanish has been open for almost a year two separate pieces of document collection to contribute to the forensic investigation “Russian aggression against Ukraine”, and this is due to Spanish citizens living in the country occupied by Vladimir Putin’s army about a year ago, who could be “victims” of illegal actions (war crimes) of the Russian Federation.

However, then-Attorney General Dolores Delgado’s commission to the National Court Prosecutor’s Office with a decree was almost fruitless, and this is because, potential fear of witnesses the consequences their stories may have.

State Attorney General’s sources to El Periódico de España from the Prensa Ibérica group, “notorious difficulty” determined to have obtained legal-criminal information or material on this subject. From the beginning of March last year, when the investigations began, to the present opinions of 19 people in total –among them some Spaniards returning from Ukraine– but it has been confirmed that these people are afraid of the consequences of information they might provide because they have relatives in Ukraine. It’s also a region that many would like to return to one day.

A similar thing happened in the mechanism launched by the Immigration and International Protection Subcommittee of the General Council of Lawyers (CGAE) at the same time. Questionnaires were prepared from this institution to determine the most accurate facts possible from the statements of refugees who came to our country so that they can present their status before international courts through the Spanish bar associations that legalized them.

According to those responsible for the initiative, after the confirmation of the priorities of the refugees who came to our country at the beginning of the occupation, there was almost no repercussions. buy a home or school for their childrenand not to contribute evidence of war crimes. However, they are trying to revive the project in cooperation with the Ukrainian Embassy in our country, a year later, many people have already been able to settle down and control the development of the war.

Despite the difficulties, the prosecution continues and keeps the two files alive. collected in one of these documents containing requests for help and cooperation with the Ukrainian authorities within the framework of the Memorandum of Understanding signed in March 2022 between the then Prosecutor General of Ukraine, Irina Venicetova, and the Spanish Prosecutor’s Office.

In a second piece, the National Court Attorney’s Office archives documents, minutes, and projects that have emerged in the case. meetings European Union Criminal Justice Cooperation Agency (Eurojust), About this topic. As a matter of fact, Spain is one of the parties to the lawsuit filed by the international community against Russian Federation President Vladimir Putin at the International Criminal Court (ICC). The action of the Spanish Executive is carried out through Eurojust, whose representative of Spain is now José de la Mata, former judge of the National Court.

Transactions of the Office of the Chief Public Prosecutor and Eurojust independent but collaborative. In other words, materials collected by the Spanish Prosecutor’s Office may end up in the International Criminal Court, and data processed by Eurojust may, on the contrary, contribute to the investigation of potential Spanish victims at the National Court.

Assistance to the Ukrainian authorities

The Prosecutor’s Office explains that in assessing this first year of validity of the decree on Ukraine, its purpose is to provide assistance to the Ukrainian authorities and those in other affected countries. test items It can be used in different investigations when necessary. The same sources explain the possibility of the timely signed decree as “concerned with creating a legal framework that would support actions taken on their own initiative or as an active part of international cooperation”. by Delgado

To achieve this, and in constant contact with the Ukrainian embassy in Spain, state security forces and bodies were also requested throughout this year. Information on registration of citizens He settled in Spain, fleeing the war in Ukraine. Likewise, agents are authorized to launch direct corporate relations with various institutions and NGOs serving Ukrainian refugees to facilitate the identification of victims and witnesses of war crimes.

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