Valencia Case: Former Generalitat Leaders Face Prolonged Prosecution

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Two former Generalitat presidents, Eduardo Zaplana who led from 1995 to 2002 and his successor José Luis Olivas who served from 2002 to 2003, faced a key judicial appointment in the Valencian Court’s fourth chamber. The hearing was scheduled in the Tirant I room of the City of Justice at 10 o’clock. They, along with thirteen other individuals and four corporate entities, were indicted for alleged irregularities tied to funds associated with vehicle inspection services and the Wind Plan initiative.

The appointment could be provisional. Zaplana’s legal team faced a setback as one of his lawyers fell ill, requiring emergency surgery the previous week and a continued recovery. Despite this, the court was officially notified to proceed with the case, and the four-judge panel of the fourth chamber decided to maintain the day’s subpoenas for all parties involved.

Observers anticipate that a lengthy session with the Anti-Corruption Prosecutor will influence the schedule, potentially delaying hearings and pushing the start date for a new session. The plan involves nineteen defenders, including fifteen individuals and four legal entities, presenting a complex scenario given the large number of participants and the original forty-seven sessions planned for June. It is possible the proceedings could extend into late July, with the hearing location remaining in the Tirant I chamber of the City of Justice.

Even if everyone appears, there might be moments when proceedings do not begin in open court as authorized by the General Council of the Judiciary protocol to record defendants during trials, a practice often referred to by journalists as mutes.

The decision by the Valencian Tribunal’s fourth division to keep the summons active marks the start of a provisional hearing in the Erial case. It will involve two former Generalitat presidents, one of whom is set to stand trial despite a prior conviction after a recent justice appointment, along with thirteen other defendants who will participate in a formal entry process at the City of Justice.

Nine years of education

The case timeline traces back to the opening of preliminary case No. 3568/2015 on 16 November 2015, which ultimately led to the arrest of Zaplana and several close associates on 22 May 2018. The former Labor Minister was placed in temporary detention alongside his alleged associates, including two associates known as front men, Joaquín Barceló and Francisco Grau, before being released on temporary terms. A sum of 6,734,026.1 euros was placed into the account of the Eighth Instruction Court of Valencia, connected to allegations of kickbacks and front-man arrangements, with the funds reportedly deposited by a Uruguayan associate.

After confirmation by the Court of Investigation and the Anti-Corruption Prosecutor’s Office that the funds were deposited, the former head of the Generalitat and his two alleged frontmen were released on 7 February 2019.

Nineteen years in prison

Following a lengthy nine-year inquiry, the Anti-Corruption Prosecutor sought a nineteen-year prison sentence for Zaplana on charges related to commissions tied to the award of vehicle inspection services and the Wind Plan. The investigation characterized the activities as part of a criminal organization involving money laundering, bribery, falsification of commercial documents, and administrative deceit, based on the Public Ministry’s assessment.

Beyond Zaplana and Olivas, the prosecution named two alleged frontmen and members of the former minister’s inner circle, including a secretary and a private assistant, among others. A separate case involving Juan Cotino Escrivá intersected with the Gürtel investigations, and several defendants faced charges before passing away during the investigation. The defense contends that Zaplana is innocent and has no funds abroad, and maintains that the motive is to demonstrate innocence at trial. Since his 2018 arrest, Zaplana has invoked his right not to testify, while his defense team has sought to challenge the investigative path, arguing that key evidence ties to the front men rather than to Zaplana directly and aiming to shift the proceedings to a higher court for trial.

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