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.

Interlocutòria de la llibertat provisional de Santos Cerdán

Last Friday, the Civil Guard searched several Acciona offices at the request of the judge, who considered it "foreseeable" that they might find "elements, effects, or instruments originating from the crime or revealing its commission." In a single-part ruling that was sealed at the time, he argued that it was a "suitable" and "necessary" measure because there was "no other way" to incorporate into the case the "essential elements" to clarify the facts. Furthermore, following the new report from the UCO (Central Operative Unit of the Civil Guard), the judge concludes 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).

The judge had warned that he would release him "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 leave prison and reiterated that he would do so "as soon" as "possible."

The PP jokes that Sánchez will be able to give Cerdán "the hug he owes him."

The PP's first reaction after the news broke has come via social media. In a post on X, the Popular Party members sarcastically remarked that, "finally," Pedro Sánchez "will be able to give him the hug he owes him," and attached a tweet that the Spanish president published on May 16th showing his "solidarity" with the then Secretary of Organization of the PSOE in the face of "harassment by the far right."

Five failed attempts to get out of prison: four petitions to the Supreme Court and one appeal for protection in the Constitutional Court

Santos Cerdán has been released from prison after his defense team attempted to secure his release five times, each time failing. 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 activities. Subsequently, Cerdán toured to the Constitutional Court with an appeal for protection, but the Court rejected it at the first opportunity and ruled out not even study it.

Likewise, in recent weeks Cerdán's lawyers, Benet Salellas and Jacobo Teijelio, 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.