Santos Cerdán, former secretary of Organization of the PSOE and accused in the Koldo case, has been provisionally released after almost five months in prison. The decision, adopted this Tuesday by the magistrate of the Supreme Court Leopoldo Puente, comes after the instructor considers that the risk of destruction of evidence (the reason that justified his entry into prison last June 30) has been substantially reduced.
Even so, the judge emphasizes that the indications pointing to the possible involvement of the former socialist leader in crimes of criminal organization, bribery and influence peddling have not only not disappeared, but have been reinforced during the investigation.
The Supreme Court’s reasons: mitigated risk, enhanced indicia of guilt
In an extensive order, Judge Puente concludes that the risk that Cerdán could “hide, alter or destroy relevant sources of evidence”, which was “very intense” when he was sent to prison, “appears to have been seriously mitigated” due to the progress of the investigations. He points out that access has been gained to information that “very probably” would have been “occluded or very difficult to access” in the early stages of the case.
In spite of this, the magistrate emphasizes that “the result of the investigation carried out has not only not diluted the consistent evidence of criminality already in the case, but, on the contrary, it has reinforced it to a great extent and opened new lines of investigation”.
However, the existence of these indications, clarifies the instructor, does not justify by itself the maintenance of pre-trial detention if there are no other risks such as flight, criminal repetition or destruction of evidence.
No flight risk and no possibility of repeat offenses
The judge ruled out that there is a risk of criminal repetition because the investigated “does not currently hold any public office, nor does he maintain any organic relationship of management with the political party of which he was, at the time, Secretary of Organization”.
Nor does it appreciate a high risk of flight. The order explains that
Regarding the destruction of evidence, Puente considers that the danger has been reduced after months of investigation and after the investigators have managed to secure key documentation.
Precautionary measures to be complied with by Santos Cerdán
Despite authorizing his release, the Supreme Court imposed a series of precautionary measures to guarantee his availability before the courts and prevent any attempt to evade criminal proceedings.
These include:
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Mandatory appearances every 15 days before the Supreme Court or the court closest to your home.
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Obligation to attend whenever summoned by the Criminal Court.
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Prohibition to leave the national territory.
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Withdrawal of the passport, which must be delivered to the Secretariat of the Criminal Chamber of the High Court.
These measures, the judge remarked, respond to the need to ensure his presence in the case “in view of the persistence and strengthening of the consistent indications of the commission of criminal acts”.
The context of the Koldo case and its role in the case
The investigation in which Santos Cerdán is accused revolves around the alleged rigging of public contracts for the supply of health material during the pandemic, a case that has affected several public officials and businessmen.
Cerdán, one of the key figures in the PSOE during the Pedro Sánchez administration, was arrested on June 30. Since then he has remained in custody due to fears that he could interfere in the investigation.
In recent weeks, the progress of the investigations and the collection of relevant documentation and testimonies have led the Supreme Court to reconsider the harshness of the initial precautionary measure.
What will happen now
After leaving prison, Santos Cerdán must strictly comply with the measures imposed and remain at the disposal of the Supreme Court while the investigation of the case continues. Magistrate Puente makes it clear that the case is still open and that the evidence against the former socialist leader continues to be solid.
The judicial process is moving forward, and the provisional release does not mean a closure or a relief regarding the suspicions that weigh on him, but a change of stage in the investigation.
