The Provincial Court has released two prisoners accused of being responsible for one of the main drug trafficking rings in the province. Alicante court This decision granting detention did not provide them with all the essential elements of the case to be able to present their defense and challenge the measure of deprivation of liberty, as stated in a decision of the Constitutional Court. Both of those who have now been released lawyer Aitor Esteban Gallastegui, They are considered two major drug traffickers by the National Police. One of them is connected with the entrance to the large peninsula. marijuana stash and the Police classified the other in the investigation as the largest distributor of cannabis in the province of Alicante.
The balance of the operation in which they are performed Eight people arrested in Alicante, Alcoy and Cocentaina The bag, which contained nearly 50 kilos of cannabis, three pistols and almost 100,000 euros in cash, was presented by the National Police this week, coinciding with the release of two alleged ringleaders who were sent to prison by a court at the end of November. Alicante A third person appears in court in Alcoy remains in preventive detention, Because, according to sources close to the case, in addition to the drugs and weapons seized from him, the Alcoy court also provided his lawyer with all the essential elements of the case.
The reason was: summary secret Until the day when the detainees were brought to justice and the defense of the two alleged traffickers demanded the annulment of the prison sentence because they were not allowed access to essential elements of the trial to challenge the deprivation of liberty and only because He had granted them this right. summary.
Various versions
The Constitutional decision, which has led to the release of a large number of prisoners currently detained as important drug repositories, reveals that detained persons have the right to access the essential elements of the case, even if the trial is declared secret.
Therefore, in the case of two alleged drug traffickers, the Court states the following: They were given a summary of their participation where it is insufficient and valid but they are not provided with research results that support the information in question without violating the purpose of summary confidentiality.
Add the court’s decision Investigating judge “must provide essential documents” Since it is stated that the right of access to the essential elements of the trial acts in conjunction with the right to receive information about the events attributed to him, verifying the information that must have been previously given to the detainee, in order to compare and verify its accuracy and adequacy.
The Court understands that in this case “detailed information regarding the specific involvement of each person under investigation in the alleged actions was confused or overlapped with access to essential elements of the investigation.” verification and contrast for defense while making his case.