Spain is debating the fate of a high-profile court case that could change the rules for transferring prisoners to hearings. The Supreme Court is considering motions from the defendants in the mask procurement case, who demand to attend the preliminary hearing via video link. They cite concerns for their health and psychological well-being due to the conditions of transport in a police van. This decision could set a new standard for similar cases where physical presence is not always required.
The former Minister of Transport and his ex-adviser, both under investigation, have asked the court to allow them to join the hearing online. Their lawyers insist that transferring them from prison to central Madrid involves health risks and could worsen the defendants’ mental state. The motion notes that while the van ride takes about 45 minutes, the transport conditions are far from comfortable—cramped spaces, lack of hygiene, and stress.
Defense arguments
Lawyers stress that prisoner transfers in Spain have long raised concerns among human rights advocates. In a letter to the court, they refer to recommendations from the ombudsman, who has repeatedly called for protocols on prisoner transport to be revised. They argue such trips often worsen both physical and mental health, while personal attendance at technical hearings is unnecessary.
Special attention is given to the health condition of one of the defendants. His lawyer claims that the client has been diagnosed with diabetes, and any disruption to his diet during transportation could have serious consequences. Additionally, the documents mention injuries sustained during previous transfers—marks from handcuffs on the wrists, which the defense argues are evidence of improper treatment.
Medical Grounds
The court must review medical reports to determine whether the defendants can participate via video link. The motions describe in detail the health risks associated with transportation and cite examples of deterioration following previous transfers. The defense insists that the online format will not affect the course of the hearing, as the issues at stake are technical and not related to substantive interrogation.
If the request is granted, it could set a precedent for other cases where detainees face similar challenges. In Spain, the issue of humanizing detention and transportation conditions for defendants has been raised before, though decisions of this kind at the Supreme Court level are extremely rare.
The Mask Case
Both defendants are involved in a case over alleged irregularities in the procurement of masks at the onset of the pandemic. Investigators believe there were serious violations during the acquisition of personal protective equipment. Prosecutors are seeking lengthy prison terms for the former minister and his advisor. The spotlight is not only on financial aspects but also on the transparency of government procurement during times of crisis.
The court proceedings have drawn public attention due to the scale of the charges and the high-profile status of those involved. The decision on whether the accused will participate in person or remotely could affect perceptions of the process and spark renewed debate about prisoners’ rights and the standards of justice in Spain.
Context and consequences
In recent years, the conditions for transporting inmates to court hearings have been a topic of growing discussion in Spain. Several high-profile cases have already brought up the need to reform the protocols for transferring detainees. In some instances, courts have allowed participation via video link if compelling medical reasons were presented or if the hearing was of a technical nature. However, such decisions remain the exception rather than the rule.
Meanwhile, Europe is seeing a growing trend toward remote formats in court proceedings, especially after the pandemic. This helps reduce pressure on the system and minimizes health risks for participants. Spanish courts remain cautious about adopting these changes, but each new case serves as a reason to reconsider established practices.
