Uncertainty hangs over the former Minister of Transport and deputy of the Mixed Group, José Luis Ábalos. The viewing for which the judge of the Supreme Court,Leopoldo Puenteleaves the door open for the accusations to demand his entry into prison and the latest reports from the UCO are not exactly a benefit for him to avoid this possibility.
When in doubt, in the Congress The scenario that would open up for the still deputy and for parliamentary arithmetic is studied if he finally has to enter preventive detention. This is a hitherto unpublished assumption.
According to him article 21 of the Regulation Ábalos would only be suspended from his rights and duties as a deputy when after the Chamber has granted his request – which has already happened – the order of his prosecution is signed and he is in preventive detention. Only if these three conditions are met, the deputy loses his salary and his rights, mainly including the right to vote.
But if one of the three fails, that is when doubt arises. In the event that the judge sends Ábalos to prison but does not yet issue an indictment order, the legal services of the Chamber would have to decide on a situation that until now had never occurred.
Parliamentary sources maintained yesterday that if Ábalos enters preventive detention he would be immediately suspended because those three requirements would be considered met, given that the former minister is, according to these sources, immersed in an “abbreviated procedure” and in this legal case there is no procedural order as such. However, Ábalos is not yet in an abbreviated procedure. That is something that the judge can dictate soon or later, but it is not and, therefore, not all the requirements could be considered met.
Legal sources informed this newspaper in this explanation: the equivalent order has not been issued in the procedure, which is the order transforming it into an abbreviated procedure. A step that is done at the end of the investigation. Without this, Ábalos could not be suspended. Another thing is that when that car arrives, in days, weeks or months, and as long as he is in prison, the conditions would be considered met. Meanwhile, these sources emphasize, Ábalos retains his vote and salary.
In fact, yesterday the lawyers were studying the possibilities of this case, focusing their attention on the latest reform of the Congressional Regulations approved last July.
Legal sources point out that in said reform, a new one was included among the causes that qualify for requesting telematic voting in section “g” of the article 82 of the Regulation.
This new section indicates as a qualifying cause to be able to exercise remote voting “other exceptional situations of special gravity that prevent the performance of the parliamentary function, duly justified.”
This formula is actually a kind of catch-all in which multiple situations can take place, including the one that could affect Ábalos, according to legal sources.
To benefit from this case of telematic voting, the deputy will have to request it by writing to the Congress Board justifying that one of the foreseen causes occurs. In the case of Ábalos, if he is not suspended, he could argue the impossibility of going to Congress to vote because he is in preventive detention but without a firm indictment or equivalent being imposed on him, so he retains his rights as a deputy.
The Board may require additional information or documentation that proves compliance with the requirements. In that case, the Board would undoubtedly request an analysis of the case from the Chamber’s legal services.
The deputy who is not suspended keeps his salary as a parliamentarian intact, so José Luis Ábalos could continue receiving it from prison.
Congressional sources recognize that the hypothetical entry into prison of Ábalos would lead to an unprecedented situation. There are examples of deputies who were in jail but that condition was prior to their own election as deputies. The closest example is that of Oriol Junqueraswho was in prison for the case of process. The ERC leader took the minutes and went to the Congress constitution but ended up resigning from the seat and letting the list run because he would not be able to vote or attend the plenary sessions.