Warns that no jurisdictional incident can justify the lack of timely response on protection measures
MADRID, 31 Oct. (EUROPA PRESS) –
The Supreme Court (TS) has asked the Investigating Court Number 1 of Écija (Seville) to decide, as soon as possible, on the protection order requested by the partner of the deputy of the Grupo de Podemos Podemos Miguel Ángel Bustamante Martín –who he was suspended from militancy in Izquierda Unida (IU)– upon denouncing him for habitual mistreatment.
The High Court has ruled after it was announced last Friday that the Andalusian court had referred the case to the Supreme Court, since Bustamante enjoys the status of appraised due to his status as a deputy.
This same Monday, the magistrate of the Criminal Court Javier Hernández has issued a ruling, collected by Europa Press, in which he explained that –while the Supreme Court decides whose jurisdiction is to study the complaint– the court of Écija is still responsible for the matter, so the Andalusian judge is the one who must quickly resolve the protection order that the woman claimed.
“No jurisdictional incident can justify a lack of jurisdictional response in a timely manner on the admissibility or not of adopting protection measures in favor of those people who appear as confirmed victims of the justiciable acts”, the magistrate has pointed out.
Thus, the High Court has sent the proceedings to the court of Écija so that the protection order can be answered. And, aside, the magistrate has taken the opportunity to send the documentation of the case to the Prosecutor’s Office, so that it can pronounce and issue a report on who has the competence to study the complaint.
It should be remembered that last Friday the United Left immediately suspended the deputy in Congress Miguel Ángel Bustamante from militancy after learning that he had been denounced by his still wife for an alleged crime of gender violence and mistreatment in the family.
Bustamante himself defended himself against the accusation of alleged mistreatment of his wife and “totally” denied having committed gender-based violence, assuring that he has not “punched a punch in his life.” Likewise, he assured that he had requested the suspension of militancy in the PCE and IU so as not to harm their respective organizations and he regretted having learned “of the alleged complaint” by the media.
The deputy indicated that he is in a civil divorce process and that he considered that the complaint filed was related to the separation procedure. He said that he was “personally very affected” and that he hoped that it would be resolved “soon” and “justice” would be done.
Legal sources consulted by Europa Press explained that the Andalusian court received last week a statement from the National Police in which a complaint against the deputy by his partner for an alleged crime of ill-treatment and others is attached.
The same sources specified that once the complaint was received, the court initiated preliminary proceedings and transferred it to the Prosecutor’s Office so that it could report on the competence to investigate the facts. The Public Ministry issued a report favorable to the inhibition to the Supreme Court, after which the judge sent the case to the High Court.