TSJA’s criminal law office agreed to continue the sentences imposed on four people accused of killing councilor Javier Ardines on August 16, 2018 in Llanes, 22 years for the instigator and financially responsible, and 20 years for the man who got them involved. The court rejected all objections made by the defense at the hearing held on 17 May, where Jesús Muguruza, the intermediary between the instigator Pedro Luis Nieva and the assassins Djilali Benatia and Maamar Kelii, admitted the facts and assured them. “He just wanted to beat this man, didn’t know he was going to die”‘ and said that his first statement before the Civil Guard, which was later revoked due to an official flaw, contained the truth.
Decision taken by the rapporteur Judge Ignacio Vidau ArgüellesRejecting the arguments of Pedro Luis Nieva’s defense led by Javier Beramendi, insisting on the nullity issues that had already been dismissed in June 2021, that is, The wiretaps made against the alleged instigator of the crime were not justified and no other line of investigation was followed.Just like finding the traces of his Ardine lover on the fences used in the ambush that ended his life.
Nieva’s defense also insisted on seeking the annulment of the trial due to the unlawfulness of Jesús Muguruza’s first statement before the Civil Guard, which, according to these defenses, made it possible to find the instigators and assassins, but the TSJA decision Again, he insists on the reasons why he considers them valid.that is, the Civil Guard would be able to seamlessly identify the alleged perpetrators of the crime by other means. In other words, there is no “unlawful connection” between the annulled statement and subsequent proceedings.
The TSJA’s decision once again justifies the Llanes judge’s February 2019 solitary confinement for Benatia, Nieva and Muguruza.No information leaks no doubt it was also intended to undermine strategy or concert design among those alleged to be responsible for such a serious crime and also to have committed it in a concerted and organized manner.
The ruling also cites another source, citing the alleged pressure Djillali Benatia was subjected to to incriminate himself,”a statement that is not accredited with any evidence, Like the recording of the meeting that was not requested by any of the parties, or the testimony of the UCO agents who conducted the interview, “Benatia. It was stated that the investigators were present with the permission of the magistrate, and that the decision was made without any objection in the presence of Algeria’s lawyer Adrián Fernández.
The lawyers also sought annulment as the jury accepted Muguruza’s annulment statement before the Civil Guard. The TSJA’s decision indicates that the defense attorneys themselves can request that this file be removed from the documents submitted to the jury.
Another source cited a lack of motivation for the jury’s conviction. power says “Merely reading the reasoning for the Jury’s decision serves to conclude that this is an exhibit that analyzes in detail, concisely and clearly the integrity of the test administered. In addition, the Presiding Judge, in performing the function appropriate to him, complements and integrates the legal basis of the appealed decision”.
Nieva’s defense also argued:Based on Djillali Benatia’s testimony at the investigation stage, it cannot be concluded that the appellant ordered Ardines’ death. and be agreed with the other who is condemned for him.” The argument was not raised at the hearing.the error shows “there is simply no evidence to warn of the validity of the beating order. however, it has been proven that the prisoners agreed to ambush Ardines, resulting in the person in question being so seriously injured and immediately killed, apparently by the organizers of the outcome when the agreement was made. The result of the action”.
As for the objections made by the defense authorities; Muguruza (Luis Mendiguren), Benatia and Kelii (Fernando Barutell), the court notes that what has been stated applies to the resources submitted by Nieva. The sentence ends with the approval of 22 years in prison for the instigators and assassins, and 20 years for the intermediary.