The judge releases Santos Cerdán, but warns: "The investigation has strengthened the evidence against him."

MadridAfter 142 days in Soto del Real prison, Supreme Court Justice Leopoldo Puente has released Santos Cerdán. The decision comes the day after it was revealed that the Civil Guard has proven that the former number 3 of the PSOE was "the link" between the Spanish government and Acciona, the construction company that is at the epicenter of the alleged plot, and five days after the Central Operational Unit (UCO) record several Acciona headquarters. Now, the investigating magistrate considers that the risk was "very intense" on June 30, when decree The argument that Cerdán could "conceal, alter, or destroy" relevant evidence is "seriously mitigated" after information was obtained indicating that such evidence "very likely" would have been "hidden" or "very difficult to access" due to "possible attempts at concealment, alteration, or destruction." Therefore, the judge concludes that "there is no reason to prolong his pretrial detention." However, Leopoldo Puente emphasizes that the investigation "has not only failed to diminish the consistent evidence of criminality" against Santos Cerdán, but has "only served to confirm and strengthen it" and has allowed for the opening of "new lines of inquiry." Thus, given the "persistence" of evidence suggesting that Santos Cerdán led an alleged scheme to collect commissions in exchange for public contracts—reasons for which he is being investigated for the crimes of belonging to a criminal organization, bribery, and influence peddling—the investigating judge argues that, to prevent them from fleeing, José Luis Ábalos and Koldo García should be subject to the precautionary measures: a travel ban, passport confiscation, and bi-weekly court appearances.

It is no coincidence that the judge's decision comes after the Civil Guard searched several Acciona offices last Friday. With this action, the investigating judge considered it "foreseeable" that they might find "elements, effects, or instruments originating from the crime or revealing its commission." Once this step was taken, coupled with the fact that Judge Puente has the new UCO report on his desk, the fear he had expressed regarding the destruction of evidence has eased. The judge has now been able to conclude that Acciona and Servinabar "may have conspired" to obtain "illegally" public works contracts with the "decisive participation of third parties." The relationship between Acciona and Servinabar was allegedly "personally orchestrated" by Santos Cerdán, Joseba Antxon (owner of Servinabar), and Justo Vicente Pelegrini (who was Acciona's Construction Director).

Released "as soon as" possible

"On numerous occasions, it has been reiterated that, evidently, as soon as the risk of alteration, concealment, or destruction of evidence disappeared, the precautionary measure would be subject to review, even ex officio. And, certainly, that moment has arrived," the ruling states. On September 8, the first time the investigating judge denied Santos Cerdán's release, he justified his decision by stating that the reasons for his imprisonment had not "ceased": he argued that they were working "diligently" on "clarifying" the "essential aspects." However, he anticipated that it would "foreseeably" not be "necessary to exhaust" the maximum six-month period. Fifteen days later, the argument for again denying his release was the same: "If this relevant evidence were already part of the investigation, then yes, the precautionary measure would not have legitimate support. But it is not yet, although intensive work is underway to eventually find it." Three weeks ago, the last time he refused to release him, he admitted that he understood the former Socialist leader's "impatience" to be released from prison and reiterated that he would do so "as soon as possible."

The PP demands explanations

The People's Party (PP) first reacted to the news on social media. In a post on X, the party members sarcastically remarked that, "finally," Pedro Sánchez "will be able to give him the hug he owes him." Shortly afterward, the PP's second-in-command, Miguel Tellado, demanded at a press conference in the lower house that Cerdán take advantage of his newfound freedom to provide the explanations they criticize the Socialist leader for failing to give and to return the money he allegedly embezzled. "They will all eventually fall," Tellado predicted, alluding to Sánchez, although the PP continues to rule out taking the step of presenting a motion of no confidence to politically oust him.

Sources within the PSOE (Spanish Socialist Workers' Party) consulted by ARA (Argentine News Agency) rule out the possibility that Cerdán will speak out or implicate the party, as they consider the investigation "a personal matter involving three individuals." "He has nothing to say, other than to be ashamed," they maintain, acknowledging the seriousness of the events described by the UCO (Central Operative Unit of the Civil Guard). Those within Sumar (a coalition of the PSOE parties) also believe that Cerdán's release will not change anything and think that, if he didn't speak from prison, he won't speak now either. The legislature, sources from the minority party in the coalition believe, will not be derailed by this. However, these same sources were surprised by the latest report from the Civil Guard, as they did not expect it to reveal such "shameless" behavior. Regarding his release, the same PSOE sources welcome the end of the anomaly of applying this precautionary measure only to Cerdán and not to the other individuals under investigation.

Five failed attempts to get out of prison

In fact, Cerdán managed to get out of prison after his defense team tried five times and failed each time. The first attempt was in July, when the Appeals Chamber, with Pablo Llarena as the presiding judge, upheld his imprisonment, arguing that "only he seems to know what happened to the money" and the "trace" and "traces" of his activity. Subsequently, Cerdán toured in the Constitutional Court with an appeal for protection, but the Court immediately rejected it and ruled out not even study it.

Likewise, in recent weeks Cerdán's lawyers, Benet Salellas and Jacobo Teijelo, have made three requests directly to the investigating judge to release him, but all three have been rejected. Thelast demand This came after Ábalos and Koldo testified again and were not sent to prison. Cerdán denounced an "incomprehensible comparative grievance" and an "irresolvable and incomprehensible" contradiction between the three individuals under investigation, but the judge dismissed the claim.