Llop, Delgado and 12 CCAA, in judgment for not protecting prosecutors in the Covid crisis

El Ministerio de Justicia, la Fiscalía General del Estado y doce comunidades autónomas deberán responder ante la Justicia por "enviar de forma temeraria" a los fiscales a trabajar en plena pandemia, pese al "riesgo letal de contagio". Esa es la acusación realizada por la Asociación Profesional e Independiente de Fiscales contra estas administraciones a través de una demanda presentada en la Audiencia Nacional el pasado 1 de diciembre. Un escrito que ha sido admitido y que llevará a juicio a los equipos de Pilar Llop, Dolores Delgado, y los cargos competentes de una docena de ejecutivos autonómicos.

The objective of the lawsuit, as stated in it, was "to obtain a judicial pronouncement that declares that prosecutors lack the interposition of the same, of real and effective protection in terms of occupational hazards by administrationsdemanded, including sick officials and in a situation of vulnerability, such as pregnant, and old.

The plaintiffs cite the Occupational Risk Prevention Manual for the Administration of Justice approved in 2014, and that includes a Risk Prevention Plan that would apply to personnel to the service of the administration of justice and the Fiscal Ministry.A manual that, they consider, has not guaranteed the protection of prosecutors by the Ministry of Justice, the State Attorney General, and the regional governments of Andalusia, Aragon, Asturias, Cantabria, Catalonia, Valencian Community, Galicia, Communityfrom Madrid, Navarra, Basque Country, Canary Islands and La Rioja.

After recounting all security omissions during pandemic, the APIF stands out in the claim that all defendants "have responsibilities" in these behaviors, "although obviously, it is the Fiscal Ministry and the Ministry of Justice who have them first."

On the defendant autonomous communities, "ignored in the ministerial manual" are "to avoid with respect to any helplessness as a consequence of the pronouncement requested" from the National Court.

The requests of the APIF in the aforementioned demand were clear: the cancellation of the Occupational Risk Prevention Manual for the Administration of Justice;that it is declared that the Prosecutor's Office as administration, lacks the prevention plan of occupational risk, valid and effective;and that it is declared that the defendants have breached their obligations towards the members of the fiscal career by not providing the legal instruments for the prevention of occupational hazards established by the laws, thus compromising the safety and health of the prosecutors in their work.

Finally, the plaintiffs demanded that the aforementioned administrations be condemned to adopt the Occupational Risk Prevention Plan for the Prosecutor's Office and all prosecutors who work there, hiring within 2 months a company with sufficient technical solvency to faceThis task.

On 19-N, conciliation and trial

The demand filed by APIF has been admitted by the Social Court of the National Court.In a decree signed by Judge Marta Jaureguizar Serrano on December 2, and to which Vozapuli has had access, the reconciliation act is indicated on January 19, 2022 before the lawyer of the administration of justice.The letter also establishes the celebration of a trial, then, if there is no agreement between the parties.

From the Professional and Independent Association of Prosecutors, they affirm to Voicepuli that the Ministry of Justice will not accept the conciliation and that, therefore, that same day 19, a trial will begin in which both the agency led by Pilar Llop, and the Attorney General's Office of the Attorney General of theState and twelve autonomous communities must give the appropriate explanations.

In the aforementioned decree, the Social Chamber designates Ramón Gallo Llanos as a magistrate-ponent and warns the different parts of the consequences of not presenting himself to the trial.

In that sense, he affirms that "the acts of conciliation and trial will not be suspended by the abandonment of the defendant".In addition, they must "attend trial with all means of proof that they try to use".

First confirmed appearance

The sources consulted by Vozpópuli warn that the image of the Minister of Justice, Pilar Llop, and the State Attorney General, Dolores Delgado, entering the National Court to declare to declare.In that sense, they affirm that the citation has been addressed to the organizations they direct, and not to their headlines.Therefore, they add, "the logical thing is that they derive the matter to their teams".

In any case, there is already a first confirmed appearance for the trial.In the separated car signed by José Pablo Aramendi as president of the Chamber, and magistrates Emilia Ruíz-Cano and Ramón Gallo, the prosecutor for labor accidents and president of the Commission that has formed to prevention of occupational hazards (or person (or person (or person (or personthat replaces you at the date of lacelebration of the trial).

The mandate is that "appear on the day and time indicated for the act of trial, on 01/19/22 at 10:00 a.m., under legal warnings in case of absence, and without prejudice to the declaration of relevance in the actof the trial ".