THE TOOL EXISTED — AND WAS USED ON SOMEONE ELSE

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

THE TOOL EXISTED — AND WAS USED ON SOMEONE ELSE

Before following the escalation towards the trial, a small piece worth an entire plea. In the case file there is a home-address query to the National Statistics Institute / judicial neutral access point, dated 26 September 2018 (DOC-0145, pp. 70-72) — the ordinary tool with which any court locates a person in minutes.

The query was not about Apolozan. It was about a third person in the proceedings.

About Apolozan — the man whose supposed non-location was about to ground, in the immediate weeks, a European Arrest Warrant and an INTERPOL notice — no such query appears. Neither that one nor any other: in the two volumes of the case file there is not a single home-address inquiry in his name. Meanwhile, his address was certified in the AEAT system since 21 May of that same year (DOC-0226).

This asymmetry is the advance answer to the only possible defence of the deployment that follows: "he could not be located". The court knew how to locate — it was doing so, in that very case, in those very weeks, with another person. The tool worked. It simply was not pointed at the one it was not convenient to find.

The key factINE/neutral-access query of 26-9-2018 about a third party in the proceedings (DOC-0145, pp. 70-72). About Apolozan: no query in the two volumes of the case file. His address was in the AEAT system since 21-5-2018 (DOC-0226).
The uncomfortable questionIf the court was using home-address inquiry in the same case and in the same weeks, why did it not use it precisely with the one man it claimed it could not find?
The ruleThe warrant and search measures require the prior exhaustion of the ordinary means of location (arts. 835 et seq., Criminal Procedure Act); inequality in investigative activity compromises objective impartiality (art. 24.2 of the Constitution; art. 6 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.