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Marta del Castillo’s parents do not give up. After the criminal procedure to investigate Carcaño’s brother has been closed, have decided to go to the Constitutional Court. That is the objective of the new appeal that they have presented before the high court to declare the closure of the investigation null and void and continue investigating the version of Marta’s confessed murderer, Miguel Carcaño, who since 2013 has been insisting that it was his brother, Francisco Javier Delgado, acquitted of all charges, the one who killed the young woman with a rifle butt. It is an amparo claim that they present on the grounds that the right to effective judicial protection of the parents of the young woman, murdered in January 2009, has been violated.
The version given by Carcaño in 2013 and in which the parents want further investigation insists that the conflict that gave rise to the fight with his brother, in which Marta died, it arose for economic reasons, specifically, the mortgage that was levied on the flat on Calle León XIII, in which Francisco Javier Delgado and his girlfriend had their domicile and in which Marta was murdered. According to the confessed murderer and who is still serving a sentence today, on January 24, 2009, he arrived at his house in León XIII around 8:00 p.m., accompanied by Marta, who went into his room.
He realized that his brother was there and went to talk to him and his brother told him that he had spoken with the one who had arranged the papers for the apartment and had told him that he was behind in his payment. He replied that he had taken of the mortgage account about 800 euros and he had bought a motorcycle and other things and that, at the bank, they told him that he had money. He thought it was a gift and took a PlayStation, a home theater and a camera, not knowing that it would be deducted from his account. When his brother asked him about the money and he told him what had happened, Francisco Javier began to insult him and hit him and he ran down the hall trying to get out into the street, but his brother caught up with him at the bedroom door where Marta was and kept hitting her.
Then Marta pounced on him so that he would stop beating him, grabbing him by the neck, moment in which his brother took out the revolver he was carrying and hit Marta with the mentioned revolver and already inside the room he hit her more times. According to Carcaño, it was her brother who told her to take the blood pressure monitor, she put it on and marked 0. His brother told him to take him to his house, he went to the living room to talk on the phone and then took him on a motorcycle to his house on Tharsis Street, and he, following the instructions of his brother, returned to Leo XIII. Shortly after his brother arrived at León XIII and went to the room, at which point the doorbell rang, Francisco Javier García Marín opened and entered, -known as “Cuco”- and saw Marta in the room.
However, Francisco Javier Delgado Moreno declared as a defendant in April 2013 and after that the court did not carry out further proceedings, filing the case in May 2013. A file that was ratified by a provisional dismissal order issued by the Third Section of the Provincial Court of Seville in May 2014 because, according to what they said, that investigation would only be justified if “objective data of the direct or peripheral imputation to the statements contained in the declaration of Miguel Carcaño Delgado». Then in February 2020 the court of instruction number 4 reopened the case, which was closed in April 2021 by the same organ. After several appeals, the Provincial Court filed it last February. And now the lawyer Inmaculada Torres who represents Marta’s parents, more than thirteen years after the tragic end of the young, occurred in January 2009, has presented an incident of nullity before the Constitutional Court.
The parents’ lawyer, Inmaculada Torres, now assures that the case has been closed despite the request of the police for further investigationwithout carrying out a single further test procedure, without allowing the Police to finish their investigation and reach a conclusion on the relationship that the new verified facts could have with Marta’s death and if they resulted in facts that could be conducive to clarify where Marta del Castillo’s body was found or the possible participation in her death of third partieswhich to date have not been prosecuted for such acts.
That is, they want continue to investigate whether Francisco Javier Delgado had some kind of participation in the death of Marta del Castillo.
According to the brief presented before the TC, it has been violated “the right to effective judicial protection” of the parents by denying him “the right to trial and evidence” and also “without reason and without any reasoning, the criterion established in a previous firm judicial resolution has been changed, in which it was stated that it would be necessary to inquire about the new line of investigation if there were data, even if they were peripheral, related to facts contained in Miguel Carcaño’s statement”. As it is insisted, the dismissal of the proceedings is based on the fact that «Miguel Carcaño lacks credibilityalthough the veracity of part of his statement has been proven«.
The letter insists that “in order to reach the conclusion that there really is or is not evidence of criminality against Francisco Javier Delgado Moreno, it will be necessary to carry out a series of diligences to prove the reality or falsity of what was stated by the witness, Miguel Carcaño Delgado«. And they recall that they have been denied the practice of all the investigative measures requested, »understanding, – thereby anticipating their result – that nothing is going to be obtained from the practice of the same
To convince him to take responsibility
“The police themselves express that they have not finished their work and that wants to continue investigating to be able to make the report with the conclusions on the investigation requested by the Court«, says the letter that also emphasizes that the file resolution »notoriously exceeds the powers of the Investigating Judge«.
“If Francisco Javier Delgado convinced Miguel Carcaño to commit a crime of false documents and fraud to get money and pay his debts, Is it not also possible and credible that, in the same way, he convinced Miguel Carcaño to take responsibility for Marta’s death, preventing her whereabouts from being known?« was argued in one of the requests made by the lawyer and included in the letter sent to the TC.
For all these reasons, Marta’s parents request that it be declared that the resolutions have violated the right to effective judicial protection of article 24 of the Spanish Constitution, and declared the nullity of the same and the actions are brought back to the moment immediately prior to their dictation, so that a new resolution is pronounced that is respectful of the right to judicial protection«. That is to say, that it be investigated again to determine if Carcaño’s brother was responsible for the death of the young woman. Thirteen years later, many unknowns remain unanswered. The main one: where is Marta’s body?
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