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Spanish Supreme Court Denies Release of Abalos and Koldo Garcia in Mask Case

What led a former minister to the heart of a major scandal

The Spanish Supreme Court has refused to release the former transport minister and his adviser. Judges insist the risk of flight remains high. Read our coverage for all the details of this high-profile case.

The Supreme Court of Spain is once again in the spotlight, this time deciding the fate of former Transport Minister JosΓ© Luis Ábalos and his ex-advisor Koldo GarcΓ­a. Both remain in pre-trial detention despite their defense teams’ efforts to secure their release. Judges have found no grounds to ease the precautionary measures, citing the persistent risk that the accused could flee abroad.

A tense court session was held in Madrid on Thursday, where the lawyers for Ábalos and GarcΓ­a tried to convince the judge that their clients’ detention was unjustified. However, the prosecutor from the Anti-Corruption Office insisted the flight risk remained unchanged. According to him, this factor was decisive when the court first ordered the detention back in November 2025.

Arguments of the parties

The defense of the former minister and his ex-advisor did not give up easily. The lawyers repeated their arguments, insisting that their clients had no intention of absconding and were willing to cooperate fully with the investigation. Still, the prosecutor was adamant: in his view, the accused possess both the financial resources and international connections to try and evade trial.

Members of the prosecution from the Partido Popular have also joined the case, opposing the release of the suspects. In their view, any leniency could jeopardize the judicial process. In the court’s corridors, leaks to the press were discussed, which, according to lawyer GarcΓ­a, originate from the Supreme Court judges themselves. She expressed frustration that the media is already debating the inevitability of a trial when, formally, proceedings have not yet begun.

Legal nuances

During the hearing, Koldo GarcΓ­a’s lawyer reminded the court that there are still nine unresolved incidents related to procedural violations. She also questioned the court’s jurisdiction, arguing that the investigation should be handled exclusively by the Supreme Court, not simultaneously by both the Supreme Court and the Audiencia Nacional.

Meanwhile, the fate of Ábalos and GarcΓ­a now rests with the Appeals Chamber, which is expected to deliver its final decision on their complaints in the coming days. The anticipation of this verdict is keeping not only the case’s key players on edge, but also the entire political elite of the country.

The Mask Case

As a reminder, JosΓ© Luis Ábalos and Koldo GarcΓ­a were arrested on November 27, 2025, by order of Judge Leopoldo Puente, who is leading the investigation into the so-called ‘Koldo case.’ They are accused of involvement in a corruption scheme related to the procurement of medical masks during the pandemic. Investigators believe the two defendants may have gained significant benefits from questionable contracts signed at the height of the crisis.

The prosecution is seeking a 24-year prison sentence for the former minister and 19.5 years for his adviser. Prosecutors representing the Partido Popular are demanding even harsher penaltiesβ€”30 years each. In his ruling, Judge Puente highlighted that the accused not only have significant financial resources but also international connections, making the possibility of their flight a real scenario.

Unexpected twists

The situation grew more complicated within the defense team itself. At the hearing, attorney Carlos Bautista was presentβ€”he had previously withdrawn as Ábalos’s lawyer due to financial reasons. Nevertheless, the judge required him to attend the session until the handover of the case to the new lawyer, Marino Turiel, was formally processed. As a result, both lawyers were in the courtroom: one as defender, the other simply as an observer.

As both sides prepare for the next stage of proceedings, the public is closely following developments. The mask case has become one of the most high-profile corruption scandals in recent years in Spain, and its outcome could impact the country’s political climate. Whether the accused will be released before trial remains uncertain, but for now, the judges are unwilling to take that risk.

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