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Supreme Court Judge Blocks Immediate Senate Appearance for Ábalos Citing 2019 Precedent

The ruling prioritizes safeguarding the criminal process over a rushed Senate appearance.

Overview

  • Judge Leopoldo Puente denied the Senate president’s request for José Luis Ábalos to attend a ‘caso Koldo’ inquiry scheduled for Thursday.
  • Ábalos remains in pretrial detention without bail, a status that triggers heightened judicial scrutiny of outside appearances.
  • The court said it must first hear the Public Prosecutor, the defense, and the popular accusations before considering any authorization.
  • Puente grounded the decision in Sala Segunda doctrine and a January 28, 2019 ruling from the ‘procés’ cases warning of interference with the right of defense when hearings overlap trial issues or timing.
  • The judge invited a new request with adequate notice and indicated the appearance could be reconsidered later, including in a telematic or otherwise modified format.