In January 2021, agents of the Civil Guard’s Central Operations Unit (UCO) launched an investigation against members of what they describe as a “criminal group” that distributes drugs illegally. And then they did found that doctor Marcos Maynar and other intermediaries were sending and receiving postal packets allegedly doping.As stated in the decision of 13 October 2022 of the Second Division of the Cáceres State Court, to which El Periódico de España from the Prensa Ibérica group has access.
Magistrates explained that throughout the police investigation, they “scrutinized certain shipments of packages opened via the scanner and in some cases later, and observing what was apparently contained therein”. these were capsule type drugs dispensed in most cases in self-closing bags or containers.They didn’t look commercial.
These shipments, which were not made through channels arranged for the transfer of drugs, were sent by doctor Maynar, who was previously investigated for doping smuggling and whose recipients were individuals linked to cycling. The guards opened some of the packages they had examined and took samples..
“Operation Ilex”
The agents expressed their conclusions in a police report, in which they informed the President of the Court of First Instance, and in Order 4 of Cáceres.Operation Ilex‘ anyone maynar casefrom the suspicious substances they found afterscanning and sampling of various mail packagesAfter reviewing the UCO report, the judge issued an order on November 8, 2021, referring to police investigations, specifically the “stopping” of packages sent on April 19, April 20, July 27, and July 28, 2021.
One of the packages contained capsules containing: dichloroacetic acid and Actovegin Forte, Substances not authorized for use in Spain. Therefore, the Cáceres judge and judges considered that they might be committing an “alleged crime of illicit drug trafficking” that, through doping substances, posed a risk or danger to the life or health of the athletes (some of which cannot be traced). for it comes from unauthorized laboratories, the black market or its own manufacture and does not comply with the regulations in force for its transport), among other drugs banned in Spain”, highlights the decision of the Second Division of the Cáceres Court of 13 October 2022.
an official report
The trainer, who also had access to a report by the Spanish Agency for Medicines and Healthcare Products (AEMPS), was convinced that there was sufficient indication that those surveyed were sending packages to “professional cyclists” from the headquarters of the University of Cáceres. Now Vicente Belda Vicedo is a former cyclist allegedly dedicated to managing the sports careers of other cyclists, and he may direct all or part of the content of posts to some of them.”, continues the judgment of the Cáceres Court.
The judges state that on July 26, 2021, the Civil Guards caught a cyclist associated with Vicente Belda at Alicante airport with different drugs and capsules. The products were not illegal, but their detection cast doubt on Maynar’s activities. According to sources in the El Periódico de España case, was a Colombian cyclist who was not charged and not Miguel Ángel ‘Supermán’ López. The latter, however, was fired by the Astana cycling group for his “possible connection” with the controversial doctor. Sponsored by the Government of Kazakhstan, the club also gave up the services of Vicente Belda García, the son of a former cyclist who works as a physiotherapist.
‘Supermán’ López not charged in case. On the contrary, Belda, whose role in the alleged conspiracy will be mediators between the doctor and the athletes, appeared last Thursday from the Alcoi Courts (Alicante) via video conference before the Cáceres judge for investigation. In his statements to Efe, Maynar admitted that he recommended the use of Actovegin, known as the ‘EPO of the poor’, to “Supermán” López, among other athletes, and that it provides “less heart muscle pain during exertion”. . “It is not a substance on doping lists, so it is not doping.”, he assured.
This Colombian athlete has always denied doping and therefore recently posted a note on his social networks, where he stated: It passed the “anti-doping biological passport checks” and assured that it had full jurisdiction to compete for it. Any team after renewed UCI license for 2023″.
UCO’s Criticism
Marcos Maynar’s defense argued before the Cáceres State Court that the UCO acted in a “major” manner and “conducted a generalized investigation, which it conducted for six months without any objective data”. He argued that the Civil Guards “conducted an investigation unilaterally” without informing the Court, and that the Judicial Police “prepared a report based on subjective elements”, knowing only the name of a person in his time investigated more than ten years ago“.
Finally, the doctor’s lawyer denounced the trainer’s actions as he assured them in his order of October 27, 2021. He filed some lawsuits with “an alleged non-existent indication of guilt”.” in relation to a possible offense related to harmful substances, “when there was no analysis”, because this did not happen until a few months later.
court approval
The judges of Cáceres, however, always The legality of the actions of agents of the Civil Guard and the decisions of the so-called ‘Operation Ilex’ trainer.
At the request of the defenses to cancel the UCO-conducted trials, the judge said that agents do not need to obtain judicial permission to conduct the searches, as the judicial police can conduct the searches.correspondence control exercise“, as occurred, for example, in a shipment dated April 19, 2021.
The judge’s account was upheld by the Cáceres Court, which recalled that the examination of the contents of postal or cargo shipments via a browser, at his behest, is a security activity that does not require judicial authorization: “The level of protection in police proceedings is rightly held whenever packages or shipments are concerned that do not fall within the scope of the confidential nature of communication, the Spanish Constitution of 18.1. The administrative authority may continue to open it and examine and control its contents.in which case it is necessary and appropriate to determine the nature of the content”, says the order of the Cáceres State Court.
previous research
In the same sense, the magistrates explain that these parcel checks are not limited to cases where there are concrete signs of crime, but can be carried out “albeit at random”. This is why the Court did not find any irregularities in the fact that the UCO scanned “whose” correspondence. had previously been immersed in relevant investigations. doping of athletes”.
In the decision of 13 October 2022, the judges show that “some capsules with handwritten phrases can be seen in self-sealing bags or in containers without commercial identification” in footage taken from the police trial. claims it’s a “secret manufacture””.
In this sense, the UCO states that the detailing and preparation of packages with the substances under investigation is done by Dr. enclosed spaces such as the home itself or the facilities of the university laboratorycreating places that are generally out of reach of people; first, for obvious reasons, as it is a strictly private place due to its residential nature, and secondly, because it is a place where access by authorized personnel is restricted”.
On the other hand, the judge agreed to be present on behalf of the State Prosecutor. State Agency for Anti-Doping in Sport Spanish Commission (CELAD)), as confirmed by the Extremadura Supreme Court of Justice to El Periódico de España.