Could Zapatero end up in prison today?

MadridJosé Luis Rodríguez Zapatero becomes today the first former Spanish government president since the restoration of democracy to declare himself as a defendant in a judicial investigation. It will declare before the National Court in front of the "led" an "organized scheme of illicit exercise of influence" and a "stable and hierarchical structure" aimed at obtaining "economic benefits" through "intermediation" with public administrations. He believes that the former Spanish president would have put his "access capacity" to high-ranking officials at the service of third parties who wanted to "obtain favorable decisions".

jewels that the Spanish police found in his officeAmong the other popular accusers, there is a diversity of opinions. Vox filed a motion requesting that he be sent to prison because it considers there to be a flight risk: the far-right party alleges that the fact that Zapatero flew to the Dominican Republic on May 19 "shows the existence of a solid logistical support network and roots abroad". Hazte Oír has changed its position after the jewelry was added to the equation, and believes that the "requirements" for preventive detention are met. Liberum also believes there are grounds because he has "assets abroad" and "availability of means".

On the other hand, there are other voices that disagree. Ciutadans –with Carlos Carrizosa at the helm– is not in favor of requesting provisional detention because it believes there is no risk of flight: “He is a very well-known figure who cannot go anywhere thinking he could flee,” allege party sources consulted by ARA. Along the same lines, Manos Limpias considers it “irrational” to think that Zapatero could flee. Finally, the Valores party agrees and opts for requesting that his passport be withdrawn.

The origin of the investigation

The case began by focusing on the Plus Ultra bailout, the airline company that received a loan of 53 million euros from the Spanish government in March 2021. It is under suspicion as to whether alleged maneuvers to launder money from Venezuela were covered up. In parallel, five days ago the judge opened a separate proceeding regarding the jewelry he kept in his office, which is valued at 1.3 million euros. His circle relates them to his wife's inheritance or to "travel gifts." If he can prove that he received them before 2021, he may be exempt because the tax offense would have expired. Also in question is the role of his daughters, who have a communications company –What The Fav– which the UDEF believes played a role of "operational coordination" and "logistical and documentary support channel" for the alleged influence peddling scheme.

José Luis Rodríguez Zapatero will be able to access the National Court by car and will enter on foot through the door designated for judges and prosecutors. It is the closest to Génova street and the furthest from journalists and cameras. It will be his reappearance in public. The last time he was seen was on May 15 at an event for the Andalusian elections campaign in Motril. The day before, he had shared the stage in Cadiz with María Jesús Montero. The following week, the judge charged him, and he limited himself to sending a 90-second video to the media defending his innocence: he assured that all his private activity "has been developed within the law" and guaranteed that he has "never" carried out "any management" regarding the Plus Ultra bailout: "I will exercise my right to defense with all firmness and all conviction," he concluded.

Since then, the person who has represented him in the media has been Luis Arroyo, president of the Ateneo de Madrid, who argues that the whole thing is a "serious error" by the UDEF. For example, the early cancellation of a mortgage of half a million euros was under suspicion, and he replied that they had sold the house where they lived in Aravaca (Madrid). His lawyer is Víctor Moreno Catena, a very prestigious professor of procedural law, of Extremaduran origin and a great strategist in procedural appeals. This suggests that the former Spanish president will mount a technical defense before the judge. For now, two of the moves the lawyer has made have been to request all devices containing messages that incriminate Zapatero – they are third parties talking about him, but there is no direct communication with the former president – and to request more information about how the United States accessed Rodolfo Reyes's mobile phone, a shareholder in Plus Ultra, which is the key evidence against him.