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Juan Carlos Orenes Ruiz, Doctor in Law and Adjunct Professor of the University of Navarra

Déjà vu

Mon, 03 Sep 2012 14:25:12 +0000 Published in Diario de navarra

Enormous commotion has been generated by the television appearances of the police chief of the research of the disappearance of the children Ruth and José. The case has taken a spectacular turn after the new expert reports confirming the presence of skeletal remains of minors in the farm of Las Quemadillas, property of the paternal grandparents. This circumstance has not been wasted by some television channels that, having exhausted other summer reefs -such as the adventures of Sanchez Gordillo or Borja's grandmother restorer-, have found the ideal subject to fill hours and hours of programming and significantly increase their audiences. The phenomenon is not new: a tragic event in which the victims are minors, huge doses of morbidity, dozens of journalists and experts mixing information and opinions, leaked documents and reports, interviews with experts, endless programs, images of skeletal remains, of the estate, of the bonfire....

Although the conversion of judicial investigations into a spectacle is, unfortunately, a common trend in the television market, it has been surprising, however, the way in which the police chief Serafin Castro has actively contributed to it, providing a good issue of details about a research that is still open and partially declared secret. His appearance on the television programs of study leaves many questions in the air: was his presence on television authorized, who authorized it, was the judge trainer aware of the case, did he consent to it, did they agree on what of the case should be? subject research If the purpose of his presence was to reassure and inform the public opinion of the new revelations, why wasn't there a press conference with free access to all the media? If, as the interested party himself stated, he came on behalf of the police -uniform included- why did he offer personal assessments and opinions on the case and on the accused José Bretón?

As if all this were not enough, Judge Gómez Bermúdez has initiated a research to clarify whether the Minister of the Interior committed a crime of disclosure of secrets when, in the press conference he offered last July, he informed about the arrest of several people involved in the kidnapping of Publio Cordón, explaining some details of the case after locating the house where he was kidnapped. Something seems to be going wrong in the communication policy of the Ministry of the Interior; it is logical for the police to try to reassure the public opinion, to try to offer the citizens an image of efficiency by reporting the clarification of serious criminal acts. However, during the investigation phase, it should be remembered that our Criminal Procedure Law confers a secret character to it, the transmission of information should not be carried out outside the judicial manager of that phase. It is now more urgent than ever, under the premises of prudence and the reservation, to enable the necessary instruments to guarantee adequate coordination between the police and the jurisdictional bodies in charge of the investigation. It is a matter of providing information on the progress and new developments in the investigations so that, without interfering with the proper progress of the investigation of the case, the rights of the victims and of the accused, the right of citizens to receive information on matters of undoubted public interest is guaranteed.