The Supreme Court of Spain (Tribunal Supremo) has issued a decision allowing legal proceedings to begin against former Transport Minister José Luis Ábalos and his former adviser Koldo García. Both men are at the center of a high-profile corruption scandal involving the procurement of medical masks during the height of the COVID-19 pandemic. The court panel unanimously rejected the defendants’ appeals, confirming that the investigation has been completed and the case is ready to proceed to trial.
According to case files, investigators believe that Ábalos, García, and intermediary Víctor de Aldama were involved in fraudulent dealings related to personal protective equipment contracts. Now, following the Supreme Court’s ruling, Judge Leopoldo Puente can officially open the trial, while Parliament will need to consider suspending Ábalos’s mandate as a deputy.
Implications for Parliament
If the court’s decision takes effect, Ábalos, who is currently a member of the mixed parliamentary group, could be stripped of his voting rights and salary. According to congressional regulations, deputies who are taken into custody by court order automatically lose their parliamentary privileges for the duration of their detention. This means the former minister will not be able to participate in votes or other parliamentary procedures, and his monthly salary—about 6,000 euros—will be suspended.
On Wednesday, Supreme Court President Isabel Perelló signed the relevant order, which was sent to the Congress of Deputies the same day. This decision marks a key milestone in a case that has drawn significant public and political attention for several months.
Next steps in the investigation
The court’s decision also gives the green light for the main trial to begin. It is important to note that if the accused deputy chooses to resign before hearings commence, his case may be transferred to a regular court. However, if he maintains his status, proceedings will take place in the Supreme Court, where the preliminary investigation was conducted.
At this point, Ábalos does not intend to leave parliament voluntarily, despite pressure and disagreements with his former lawyer. However, after news emerged of a possible suspension of his salary and other privileges, his position may change. In any case, the court’s decision has already become a turning point for everyone involved in the case.
Arguments of the parties
The appellate chamber’s order notes that the investigation has collected sufficient evidence to bring the case to trial. The prosecution is seeking 24 years in prison for Ábalos and 19.5 years for García. The judges emphasized that at this stage, they are not assessing the guilt of the accused, but merely confirming that there are sufficient grounds for a court proceeding.
The defense attorneys argued that the evidence was insufficient, but the court rejected their arguments. The court decision states that all disputed issues will be addressed during the main trial, and that the current role of the court is to ensure an objective and thorough review of the case.
In case you didn’t know, José Luis Ábalos is one of Spain’s prominent politicians, formerly serving as Minister of Transport and as a key member of the government. Koldo García worked as his advisor for a long time and was considered a trusted confidant. Both found themselves at the center of an investigation that has become one of the most talked-about corruption cases in Spain in recent years.
