The Provincial Court of Madrid has closed an investigation into the death of elderly in a residence in Parla during the first wave of the pandemic. The order to which this newspaper has had access rejects an appeal filed by Marea de Residencias against the filing of this investigation opened in the Investigative Court number 1 of Parla after the complaint filed by relatives of the deceased.
Residence Tide understood that the court had not carried out all the necessary procedures regarding the protocols for referring adults to the hospitals used in those first months of the pandemic by the executive of Isabel Diaz Ayuso. The Provincial Court, on the other hand, considers that the investigation phase “has been especially exhaustive with medical reports, the testimony of the doctors who treated the deceased” and of this ““it follows that the attention given was adequate.”
Thus, it concludes that the tests that were carried out “are sufficient for the resolution adopted” and adds that the residents “were assisted with the knowledge that they had at that time in the face of a new disease that produced a health collapse.” The magistrates also report in the order that the hospitals “were overwhelmed” on those dates and that “there is no evidence” that the referral to the hospital centers “would have given rise to a different result.”
The car recognizes that the situation generated in the residences of adults in the first half of 2020 “was painful” and that “where possible punishable negligence has been detected”, something that it expressly says it does not deny, “the corresponding criminal procedures are followed.” But he points out that “a blanket of suspicion cannot be extended over all the cases in which a fatal outcome occurred.”
Finally, the judges of the Court justify the dismissal of the appeal in which “has not been accredited nor will it be possible to prove” with the requested evidence that “there has been neglect.”
Difficulties for research
The judicial investigation of what happened in the residences has encountered difficulties in other judicial bodies. Last November, andl investigating judge number 38 of Madrid, Juan Antonio Sáenz de San Pedro refused to act on a complaint made directly by the Madrid Prosecutor’s Office for the death on April 13, 2020 of a 95-year-old woman in a residence in the Madrid neighborhood of Carabanchel. He went on to state that “whether or not the patient was referred to a hospital center in no way influenced her death: she would not have prevented it in any way.”
Other investigations, however, have found an answer. Last October, as this newspaper reported, the investigative judge number 3 of Villalba, María Cristina García Quesada, She was forced to reopen her investigations by order of the Provincial Court.
In this case, the complaint was filed for homicide, reckless injuries and failure to provide assistance, and among the defendants were the regional president herself, Isabel Díaz Ayuso, jalong with his former advisors Enrique López and Enrique Ruiz Escudero. For this reason, if it continues, the case could end up in the Supreme Court, where all of them are seated.
In March 2023, the former director of Socio-Health Coordination Carlos Mur pointed out in court that his superior, Counselor Ruiz Escudero, was in charge of knowing and responsible for the referral to Madrid hospitals of the so-called shame protocols that prevented the referral of elderly people to medical centersduring the covid pandemic. She did so in an open case in the Investigative Court number 9 of Madrid for the protocols case.
Carmen López, from Ademaf (Association for the Rights of the Elderly and their families), tells El Periódico de España, from the Prensa Ibérica group, that this is not the first dismissal that the victims have received from the courts, and that also “the The road does not end here”, since there is still an appeal for protection before the Constitutional Court if the relatives want to continue with it.
According to your data, there are more than a hundred cases pending in the courts, and in fact, Javier Martínez Peromingo, who held the position of general director of health coordination, is quoted next March 18 in a court in El Escorial for one of these causes.