Spanish politics is experiencing one of its most complicated phases in recent years. Scandal after scandal is bringing the government even more into the public eye. Although he himself is not the defendant in the main proceedings, the political repercussions are shaking the centre of power and dominating the debate about his party and his family environment – especially about his wife, who is at the centre of the controversy: Begoña Gómez.
Spanien Press
Yesterday, the investigating judge of the Tribunal Supremo, Leopoldo Puente, ordered preventive detention without bail for the former Minister of Transport and active member of parliament for the PSOE, José Luis Ábalos, as well as for his closest political advisor, Koldo García.
This decision followed a request by the Fiscalía Anticorrupción (Anti-Corruption Prosecutor’s Office), represented by Chief Prosecutor Alejandro Luzón. The decision was justified on the grounds of an ‘extreme risk of flight’ which, according to the court, cannot be prevented solely by confiscating passports or imposing regular reporting requirements.
What is the ‘Koldo case’?
Brief explanation for international readers:
During the COVID-19 pandemic, Spain – like many European countries – enacted emergency regulations for urgent government purchases of protective materials such as face masks and medical equipment.
The investigations are looking into whether this state of emergency was used to exert unlawful influence on the awarding of public contracts, to favour certain companies and possibly to pay illegal commissions.
The prosecution accuses Ábalos and his adviser – always in accordance with the indictment, not as a legally established fact – of serious offences, including bribery, embezzlement of public funds, abuse of office, influence peddling and possible involvement in a criminal organisation.
Unusually high penalties – and a trial coming up soon
The demands of the public prosecutor’s office are exceptionally harsh:
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24 years in prison and fines of over €3.75 million for Ábalos.
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19.5 years in prison for his adviser.
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30 years for each defendant and 14 criminal charges under the so-called popular accusations (‘acusaciones populares’).
Ábalos is ‘aforado’, a special status for active MPs, which means that the trial could probably take place directly before the Tribunal Supremo in just a few months.
Although this speeds up the proceedings, it was also cited as one of the main reasons for tightening the detention measures: given the severity of the likely penalties, undiscovered assets or international contacts could enable flight logistics, according to the investigating judge.
The political ‘issue’ that could now also reach Moncloa
The most explosive twist did not come from anonymous sources: José Luis Ábalos himself publicly called for the investigation into Air Europa to be stepped up.
In a purely political context – not legally confirmed – he also uttered the sentence that is now being quoted internationally:
‘If this issue continues to be pursued, Sanchez’s wife will also fall.’
This statement is not a legally confirmed fact, but rather a political statement. However, it is one of the most commented on aspects of the case, as the defendant has raised the possibility of expanding the scope of the investigation – particularly with regard to Air Europa, which has already been mentioned in other investigations unrelated to this case.
Crucial for international readers:
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There is currently no publicly confirmed court decision accusing Gómez in this case.
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Her name appears in other proceedings that are not officially linked to the Koldo case.
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In Spain, a statement does not automatically lead to criminal prosecution of third parties – solid legal evidence would be required for this.
An institutional precedent without parallel
Following the arrest warrant, Ábalos and García were transferred to a prison near Madrid, where they spent their first night in custody – an event without historical precedent in modern Spanish parliament.
This makes Ábalos the first active member of parliament to be remanded in custody without first losing his seat – a moment that has redefined the debate on politics and justice in Spain.
