The president of the Basque steel company Sidenor is being investigated for the sale of steel to an Israeli arms company.

MadridThe investigating judge of the National Court, Francisco de Jorge, has opened an investigation against the president of the Basque steel company Sidenor, José Antonio Jainaga, for alleged crimes of smuggling and complicity in a crime against humanity or genocide for the sale of steel to the Israeli company Israel Military, the public company that is the main supplier of weapons to the Israeli army. The judge points out that the sale of steel on which he has opened the investigation would have been made with "full knowledge" that the company IMSI is a manufacturer of weapons, both heavy and light, and that the material supplied could be used for the manufacture of weapons in a context in which "it is public knowledge" what happens in Gaza, where for months Israel has been

Specifically, in a statement made public this Friday, once the secrecy of the investigation was lifted, the National Court details that it is investigating the way in which Sidenor would have sold steel to IMSI without having requested the corresponding authorization from the Spanish government and without registering in the corresponding registry, "as stated in a letter from the Commissioner in September." The case, therefore, is not linked to the recent arms embargo approved by the Spanish government, but rather predates it and focuses on two different laws: the Organic Law on Smuggling and Articles 29 and 607 of the Penal Code, as well as the procedure the company allegedly followed when making this steel sale.

The investigation, which also implicates two other executives of the Basque company, began in July following a complaint from the Palestinian Community Association of Catalonia-Terra Santa. The three individuals investigated in the procedure were summoned to testify as defendants before a judge on November 12. However, the judge is not only targeting Jainaga and the other two executives, but is also pointing to the company Clerbil, "which holds the position of sole administrator of Sidenor Holdings Europa."

The Catalan organization that filed the complaint welcomed Judge De Jorge's decision, and David Aranda, the Arrels lawyer handling the case, acknowledged that it is a "very significant milestone." "Normally, complaints against large corporations enjoy a wide margin of impunity. Having managed to overcome this adversity in a complaint of this nature sends a clear message to end the impunity of those who profit from genocide," Aranda said in a press release.

The complaint filed by the Palestinian Community of Catalonia noted that the commercialization of steel for military use requires administrative authorization from the Spanish government. However, Pedro Sánchez's administration has repeatedly stated that it has not authorized any new export operations of defense material to Israel since October 7, 2023. It is in this sense that the complainants saw a possible crime of smuggling, and that the National Court is now investigating.

For its part, Sidenor has reported that it has left the charges in the hands of its lawyers. "[The company] will follow the instructions [of its lawyers] to respond to the judge in the initiated process, to whom it will provide all the information," according to a statement issued this Friday. However, last July, when the Palestinian Community of Catalonia denounced the controversial steel shipment, the Basque steelmaker announced that it was "suspending the sale of steel" to Israel after the Spanish government decided in April to suspend all contracts with the country. However, the company chaired by Jainaga did not clarify whether this suspension meant stopping the shipment of 122 tons of steel to IMSI on a ship that had set sail from the port of Barcelona the day before the lawsuit was filed. The shipment was also denounced by Basque unions as collaboration in the attack on the Palestinian people.

In this regard, the judge recognizes the "active role" of Sidenor employees and their contribution to the public denunciation, as well as to "preventing the continuation of the allegedly criminal activity." Therefore, the judge applies the European directive on the protection of persons who report "regulatory violations and the fight against corruption" to them.