THE PROVISION THAT IGNITES THE MACHINERY

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

THE PROVISION THAT IGNITES THE MACHINERY

Between the autumn of 2017 and the autumn of 2018 the proceedings advanced towards trial. And when the hearing was already on the horizon, the "non-location" machinery — the same one a judge had dismantled in hours — was switched back on. This time, with method.

On 23 October 2018, a provision of the First Section of the Provincial Court of Bizkaia set the sequence in motion (DOC-0145, p. 88). What followed was a timed escalation this Story will document piece by piece: within a week, the public prosecution would request the European Arrest Warrant; within five weeks, INTERPOL would be activated; within ten, Apolozan would be in prison; within fourteen, seated in the dock as the "fugitive" who never fled.

To assess that sequence one must recall what meanwhile appeared in the public registers: his address was in the AEAT system — certified by the Agency itself that same year, 2018 (DOC-0226) —, his life was the same as ever, and in the hundred-odd pages of the deployment that follows there will not be a single home-address inquiry: not one query to the municipal register, to the National Statistics Institute, or to the tax registers any court consults in minutes.

They were not seeking to locate a man. They were preparing the scene for a role someone had already written for him.

The key factProvision of 23-10-2018 (DOC-0145, p. 88) that opens the sequence default→EAW→INTERPOL→prison. In the entire subsequent deployment there is not a single home-address inquiry, while the address was in the AEAT's own system in 2018 (DOC-0226).
The uncomfortable questionHow is an international search operation explained without a single query to the registers where the sought man appeared with name, address and activity?
The ruleThe adoption of restrictive measures requires the prior exhaustion of the less burdensome ones (principle of proportionality, art. 17 of the Constitution and art. 5 ECHR); the warrant is proper after a genuine and fruitless search (arts. 835-839, Criminal Procedure Act).
Open in the interactive portal →

EuroFraud case file · every statement links to its document (A.X / DOC-XXXX). Evidentiary material; every person named is presumed innocent.