The third division of the Valencian Court agreed with the 13 judges of the Instruction Court investigating the Azud case in the selection of files included in the case from phones, computers or tablets seized from persons under investigation (initially about 60 people). . In March, the judge issued an order that everyone under investigation be handed over “copies of computer and cell phone transcripts used in the trial.” From a legal perspective, deciding what is useful or useless for the case is called “judicial liquidation”.
This decision led to an appeal by the defense of businessman Jaime Febrer, lawyer José María Corbín, and a third party under investigation. Febrer demanded that the selection of documents prepared by the court be canceled and that “all documents obtained by evacuating servers, computers, hard drives, mobile phones” be excluded from the reports of the UCO of the Civil Guard and from judicial proceedings. Networks that violate constitutionally protected fundamental rights.
Denies rights violations
On the contrary, the three judges of the third division of the Valencian Court, who analyzed the appeals, responded to the three investigated appellants by saying “we do not appreciate any violation of rights that creates vulnerability leading to the intended invalidation”. three plaintiffs..
And they add: “Invalidation of the procedure or any of its phases or stages in addition to the violation of procedural regularity – which we did not notice in this case.” The third division of the Court is therefore not of the opinion that “the dumping of information carried out by the magistrate can be condemned in any way”.