The judge of The Conception Line (Cádiz) that released last week the fugitive wanted as the ringleader of the kidnapping of a Russian couple last June in Alicante decreed his provisional release by having only an annex of international arrest warrant “without official signature” of the Court of Instruction number 3 of Alicante and not appear recorded documentation on this cause in the databases of the System of administrative records to support the Administration of Justice (SIRAJ), as explained yesterday by sources from the Superior Court of Justice (TSJ) of Andalusia.
The Alicante magistrate who is investigating the case and keeps six other people in pretrial detention issued two orders last September, one to issue the European arrest warrant for Carlos Garrido y another to decree provisional detention without bailalthough this decision seems not to have been available to the La Línea court.
At court order
Carlos Garrido turned himself in last Friday to the National Police in La Línea de la Concepción – the investigation of the kidnapping is carried out by the Civil Guard – and that same morning he was placed at the disposal of the duty court of said Cadiz municipality and was released. Last Wednesday he had been summoned through his lawyer to testify in the Court of Instruction number 3 of Alicante but did not show up.
The judge attached to the Court of First Instance and Instruction number 5 of La Línea de la Concepción states in the release order of Carlos Garrido that it is not possible to carry out proceedings with the detainee at “There is no record of the warrant received by this court on duty” and adds that there are no “reasons to suspect that the person presented will henceforth evade the action of Justice.” The judge reiterates that the documentation related to the case does not appear in the SIRAJ and therefore it is not appropriate to carry out any procedure, in reference to the prison appearance.
Lack of documentation
From the TSJ they specify that “the absence of any documentation recorded in the SIRAJ and the absence of receipt of the pertinent warrant leads the investigating judge, in accordance with the postulates of the Regulation of Accessory Aspects 1/2005 of the General Council of the Judiciaryat 2:04 p.m., release the detainee without having carried out any investigative procedure and without canceling the requisition ».
Related news
The alleged ringleader of the kidnapping provided an address in Seville in the Cádiz court to receive summons and notices there.
The freedom order of last Friday states that can be appealed by the prosecutor and the parties people in the performances, but for the moment the private accusation has not received any notification in this regard.