FOUR COMPLAINTS, ZERO INVESTIGATIVE STEPS

Apolozan case · ERDF fraud (Bilbao / Alicante / EU)

FOUR COMPLAINTS, ZERO INVESTIGATIVE STEPS

In parallel with the vertical closure of the appeals, Apolozan tried for five years the other avenue the law offers to those who claim to have been the victim of offences committed by officials: to report them.

The series is documented piece by piece: the complaint of December 2016 against those responsible for the AEAT file — returned without investigative steps, as this Story already recounted (A.43); the complaint of August 2018 concerning investigating court No. 2 and the Provincial Court (A.58); that of August 2021 against investigating court No. 3 (A.56); that of October 2021 against investigating court No. 1 (A.57). Four complaints, before different prosecutors and courts, over five years.

The common result: no investigative steps on record. Not a statement taken, not a file requested, not a cross-check of the postal series that any official would have completed in an afternoon. The replies — where there were any — were dismissals and inadmissions with no substantive examination of what was reported.

An isolated silence is a criterion. Twenty silences oriented in the same direction are a system. The evidentiary value of this series lies in no individual piece: it lies in the series itself — in the statistical impossibility that four different bodies, over five years, should coincide in not taking a single investigative step on documented complaints, unless the answer was decided before reading them.

The key factSeries of complaints 2016-2021: 19-12-2016 (A.43), 7-8-2018 (A.58), 28-8-2021 (A.56), 21-10-2021 (A.57). Investigative steps taken on record: none.
The uncomfortable questionWhat is the probability that four different bodies, over five years, decide not to take a single investigative step — unless taking any was the problem?
The ruleA complaint obliges the judicial verification of its plausibility (arts. 269 and 308, Criminal Procedure Act); the prosecutor must take or order steps in the face of facts with the appearance of an offence (art. 5, Statute of the Public Prosecutor's Office); systematic omission engages art. 408 of the Criminal Code and the right to an effective remedy (art. 13, ECHR).
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EuroFraud case file · every statement links to its document (A.X / DOC-XXXX). Evidentiary material; every person named is presumed innocent.