In an order this Thursday, the head of Central Court of Instruction Number 2 explains that there is no clear legal provision that deals with the casuistry produced in these events that can lead to a clear determination of jurisdiction, but rather than different sign interpretations.

However, he indicates that in accordance with the principle of “ubiquity” defined in an agreement of the non-jurisdictional plenary assembly of the Supreme Courtjurisdiction would lie with the judge who first initiated the proceedings in order to avoid any undue delay.

Thus, the judge concludes that in order to avoid uncertain and possible jurisdictional issues with different investigative jurisdictions, which could lead to delays arising from the approach to the issues, “It is appropriate to maintain the jurisdiction of this Central Court of Instruction to continue to hear this case.”

For this reason, the judge rejects the inhibition proposal presented by the Public Ministry and by the representation of Pesqueras Nores Marín SA and Juan Enrique Marín.

competition problem

At the beginning the Public minister He specified that the jurisdiction would be the magistrates’ courts of Marin, the city where the ship’s home port is located. This was stated by the prosecution in the report it sent last March to the investigating judge, in which it already warned that the national court was not competent to investigate the facts.

Following this report, Judge Ismael Moreno agreed on April 4 to disqualify himself in favor of Marín’s investigative court. However, said Pontevedra court rejected the inhibition on the understanding that the alleged crimes that under investigation were committed in international waters.

Subsequently, the prosecution issued a second report arguing that the courts of Vigo had jurisdiction to investigate the facts, since it was the port of the city from which the ship left on January 26. Ultimately, the judge rejected this point.

Family satisfaction

For her part, the families’ spokesperson, María José de Pazo, considered that the National Court was competent to investigate the case. In this way, the relatives are “very happy” with the news, since they are “seven month road” of the victim.

“We were very interested in having a training body that knew the cause”, Explain. Thus, he thanked the defense which represents them, as well as the Civil Guard, which “is continuing the investigation.

De Pazo assures that they are “very, very, very happy” to have “finally a body that will channel this investigation and this instruction”.

Likewise, he notes that in the car notified this Friday “the descent towards the wreckage is not excluded”, so that a report will be requested so that the court determines “the necessity and the usefulness” of this measure. For this reason, he points out that loved ones are also “happy”.