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Judge refuses to ask Saudi Arabia to verify Zapatero's seized jewelry

Judge refuses to ask Saudi Arabia to verify Zapatero's seized jewelry

Judge José Luis Calama, in the Plus Ultra case, has rejected sending a rogatory commission to Saudi Arabia over the jewelry seized from José Luis Rodríguez…

--- The context --- The Plus Ultra case, under investigation at the National Court, has added a chapter that shifts attention from the financing under examination toward the personal assets of a former prime minister. At its center are three jewelry sets of rubies, emeralds and sapphires seized during the search of José Luis Rodríguez Zapatero's office on 19 May, and it raises what a head of government must do with gifts received by virtue of the office. That question is not new in Spanish rules. Under Rodríguez Zapatero's own premiership, the Code of Good Governance was approved by an Agreement of the Council of Ministers dated 18 February 2005, ordering that institutional gifts of special significance be incorporated into public assets. The new court order measures his explanation against that very rule. --- The facts --- Judge José Luis Calama has rejected the former prime minister's request to send a rogatory commission to Saudi Arabia to establish the origin of the jewelry. According to the account of the person under investigation, the three sets were handed to him by the then Saudi monarch as a personal gesture during the official visit to Spain in June 2007, when he was prime minister. He states that he accepted them out of deference toward the foreign sovereign and kept them ever since in the private sphere, alongside family jewelry and gifts from third parties, without using them or knowing their material value. The judge, in line with the report of the Anti-Corruption Prosecutor's Office, makes clear that this is not about reversing the burden of proof or requiring the person under investigation to prove his version. What the order finds is that the hypothesis lacks a minimum objective element of corroboration allowing the usefulness, necessity and relevance of the requested measure to be assessed, and that the commission therefore does not proceed at this stage of the investigation. The ruling adds several facts the judge considers relevant. The official visit of June 2007 is on record, and so is the fact that other institutional gifts from that same visit were incorporated into public assets. The seized pieces kept neither their original cases nor certificates of authenticity nor documentation of provenance. And the person under investigation says he sent two communications through the Saudi Embassy in Madrid to the Head of Protocol of the Royal Court, without providing proof that they were filed. --- The positions --- The position of the person under investigation rests on his own explanation: a personal gesture by the monarch, accepted out of deference, kept privately and never used. The judge's position differs in method rather than in anticipated conclusions: an international cooperation measure requires prior objective support, and requesting it in order to build from scratch the proof of an assertion does not meet that requirement. The order also stresses that the jewelry holds notable economic value, appreciable even without specialized knowledge, which hardly fits with years without awareness of its material value. The judge also recalls a practical element: no precautionary measure limits the freedom of movement of the person under investigation or prevents him from traveling personally to Saudi Arabia to seek corroboration before that country's authorities or institutions. --- What remains unknown --- The source does not yet provide the definitive expert valuation of the pieces, which the order itself expressly leaves open. Nor is there any Saudi confirmation of the alleged origin. And the most serious decision in this part of the proceedings remains pending: the prosecutorial request concerning possible embezzlement has yet to be resolved. --- Unanswered questions --- What final expert value will the three sets of rubies, emeralds and sapphires seized on 19 May turn out to have? Will the person under investigation obtain, through his own efforts, some corroboration from the Saudi Royal Court that is absent from the proceedings today? Will the judge attribute to Rodríguez Zapatero the embezzlement offence under article 432 of the Criminal Code requested by the Anti-Corruption Prosecutor's Office? Can the provenance of pieces lacking certificates and origin documentation ever be established? --- EPM analysis --- Read calmly, the ruling does not yet judge the merits: it judges an evidentiary standard. Its practical effect, however, matters for equality before the law, because it applies to a former prime minister the same measure applied to any person under investigation: whoever proposes a measure must provide a minimum of objective support. The institutional dimension is equally clear: gifts received by reason of office are not a minor private matter. 📌 EPM Take: In EPM's view, the value of this ruling lies in the criterion it sets rather than in the blow it deals: no person under investigation, however high the office once held, can ask international cooperation to manufacture the proof that an assertion still lacks. That standard protects both the investigation and the presumption of innocence, because it prevents baseless exploratory measures as much as premature judgment. The underlying question remains untouched and it is institutional: gifts received as head of government belong to the public patrimony, and the answer about the jewelry will come with the expert valuation and the embezzlement ruling, not with procedural shortcuts.
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