Auslaufrisiko und "kleine Ausläufe"

The Spanish Public Prosecutor’s Office has accused Judge Juan Carlos Peinado of fabricating a conspiracy theory to justify restricting the travel rights of Begoña Gómez, the wife of Prime Minister Pedro Sánchez. This accusation comes after the prosecutor's office filed a formal appeal against the precautionary measures imposed by Peinado on Gómez, which included the revocation of her passport. The appeal was submitted on June 24, prior to Peinado taking his summer vacation, during which time a substitute judge allowed Gómez to travel to London for a family matter but prevented her from accompanying her husband to a NATO summit in Ankara.

According to the document obtained by elDiario.es, the Public Prosecutor’s Office argues that Judge Peinado's reasoning lacks legal foundation and demonstrates a lack of rigor. The prosecutors claim that it is difficult to accept the portrayal of Spain’s security forces within a rule-of-law framework, and they find it hard to imagine the alleged conspiracy that Peinado suggested could help Gómez evade justice. They argue that the judge’s claims about a potential escape scenario involving national police officers assigned to her protection are unfounded and not supported by evidence.

The prosecutors also criticized Peinado for drawing comparisons between Gómez’s case and that of individuals involved in international drug trafficking organizations, where provisional detention had been ordered. They state that such a comparison is baseless since there is no indication of specific circumstances linking Gómez to similar cases. Furthermore, the prosecutors describe this approach as emblematic of the lack of precision and measured judgment used in making the decision, highlighting concerns over how the proceedings have been approached in relation to the individuals under investigation.

Meanwhile, RTVE Noticias reported that the Public Prosecutor’s Office has formally appealed the decision made by Judge Peinado to revoke Gómez’s passport. This move underscores the ongoing legal dispute regarding the restrictions placed on Gómez’s movements and raises questions about the legitimacy of the judge’s rationale behind these measures.

The issue of a possible flight risk has sparked debate, particularly due to the dramatic language used in describing the situation. In an article published by infoLibre, the term "risk of flight" was examined, noting its broad range of meanings in everyday language. While one might envision dramatic scenarios involving airports, false identities, and clandestine flights, the article suggests that perhaps the judges were concerned about more mundane issues related to personal health rather than actual international evasion. It references persistent rumors suggesting that Gómez was actually a transgender man named Begoño with prostate issues, who allegedly operated a network of hidden brothels disguised as tourist accommodations, restaurants, cafes, or saunas. These rumors, though absurd, were widely circulated and even prompted judicial consideration of whether referring to Gómez as "Begoño" constituted a legal offense.

The article highlights the symbolic nature of the legal actions taken against Gómez, emphasizing that when dealing with the spouse of a high-ranking political figure, each precautionary measure carries a weight beyond mere legal considerations. It questions whether some decisions reflect an intent to dramatize the situation rather than simply conduct an impartial investigation. The author notes that while it is possible the judges had valid legal reasons for revoking Gómez’s passport, it remains unclear why such measures would be applied in a manner that appears to prioritize spectacle over the rights of an individual.

The Public Prosecutor’s Office, as detailed in El País, has strongly criticized Judge Peinado for his handling of the case. The prosecutors accuse him of lacking both rigor and restraint in his approach to restricting Gómez’s movements. Additionally, they criticize Peinado for deviating from the law and attempting to give credibility to the unsubstantiated claim that Gómez and her husband had acquired Dominican nationality. The prosecutors further allege that Peinado fabricated a conspiracy theory to support the idea that Gómez could rely on her bodyguards to assist her in fleeing abroad. This criticism reflects broader concerns about the legal justification for the measures imposed on Gómez and the need for a more measured and legally sound approach to the case.