The head of the Court of Instruction No. 2 Palma, Pedro Barceló, reopened the case against senior members of the Government in the wake of the death on April 21, 2013, the Senegalese immigrant by Pam Alpha undiagnosed tuberculosis, which was filed last January. The judge has taken this decision after the Balearic Provincial Court opened the way to revive the investigation at the request of the complainants in the case.
Using a car that has had access to Europa Press, the judge stated that “the plaintiff’s right” in that various steps have been practiced without the case had been reopened and although the Court had so ordered. A “defect of form” that the judge believes that is remedied with the revival of the case without having to cancel the proceedings in question carried out.
Specifically, the complaint filed by Drets Humans of Mallorca, the Association of Senegalese, UGT and CGT, represented by counsel, Pablo Alonso de Caso, is directed against the Minister of Health, Sansaloni Martí, the Director General of Public Health and Consumption, Luis Rafael Santiso, director Servei Salut, Miquel Tomas, and former director of the Regional Hospital Foundation Inca Fernando Navarro.
The plaintiffs attribute to them all committing a reckless manslaughter, malfeasance, coercion, disclosure of secrets and discriminatory denial of a benefit to the public.
Another decision taken by the Court in relation to those investigations that have led to reopen the case is taken under Section First about the security at the time ordered by the judge to the above entities could exercise their criminal actions. The court urged the economic situation of trade unions and NGOs and to agree a bond “reasoned and proportionate.”
The Board considered and in part the appeal submitted by the complainant against the order fixing the Barceló judge imposed a total bail of 12,000 euros for the four entities-3000 for each, an “arbitrary” decision entities considered to have been taken in an “unprovoked” and not weighed the economic capacity of each .
In its order, the court asserted that the judge did not have the financial documents to build on partnerships to enact bail, and emphasized in this line that “probably should not set the same bail for an NGO for a union. ” The Board urged the magistrate and requesting such documentation for “can know the financial position of the complainants and establish a bond reasoned and proportionate to the particular material potential of each of the entities.”
Last January, the judge dismissed the case claiming that had been established not commit crimes than previous entities included in its complaint.
STOCK RESEARCH
Photo In its order, the judge Pedro Barceló that the proposition asserted in the complaint that the entry into force of Royal Decree Law 16/2012 of 20 April, on urgent measures to ensure the sustainability of the National Health System, led to “serious dysfunctions in the health care of a large number of foreigners,” no “evidentiary rigor.”
In your opinion, it is a conclusion based “exclusively” in articles published in various media reports as well as the World Medical institutions and Caritas. The judge and showing compliance with the request made by the prosecutor file, except for the offense of revelation and the father of Alpha Pam, themselves known as private prosecutor.
, alleged by the complainants, the health system implemented for unauthorized aliens as established residents by establishing a mechanism for automatic collection “solely because they lacked health insurance card”, Barceló believes that “health care is not refused and not credited found in any of the cases of exemption “-cases in which special circumstances in which” takes precedence over any other matter the right to life and physical and mental integrity, “the complaint asserted.
“FRAUDULENT DEVICE” of the defendants
In its complaint, the entities pointed to the “fraudulent scheme imposed by the defendants,” referring to the death Alpha Pam, “the most tragic of which have taken place so far and that unless the defendants have acted arbitrarily case, he would have avoided.”
Specifically, was the February 23, 2013 when Pam went to the health center of Can Picafort with his friend Kalidou when he drifted into hospital Inca to undertake an assessment and chest x-ray in order to confirm or rule out contact with tuberculosis to the symptoms that.
Thus, the 28th rushed to hospital with referral sheet Primary Care Can Picafort, in which medical center attached to this record made “trial contact tuberculosis diagnosis” and “plan of action to derive the local hospital emergency Inca for ‘rx chest’ and valuation, as there have been outbreaks of ‘tbc’ (tuberculosis) in Can Picafort and we suspect that this is the primary case. “
MEDICAL TESTING AND DIAGNOSIS OF FIVE MINUTES bronchitis
However, the complaint asserted that he was denied the because they lack access to emergency health card in the admissions department. Due to the worsening health of the affected, went back to the hospital on April 5, where his friend, “forcefully and vehemently” required the center to occassionally and was forced to “squeal the passivity that the center of health held at the state of health of Mr. Pam and caused him a great impotence. “
center and decided to admit him, but not before completing the payment commitment, which had to wait over 40 minutes until he was treated. According to the complaint, health care lasted just five minutes previously he was denied chest radiography that he had to do-they having being diagnosed with bronchitis. Days later and “back desperately” to the worsening of his health, he went to the hospital but was denied the evidence they had prescribed in Can Picafort.
Soon after, April 21, Pam died at his home in Can Picafort. The results of the autopsy that was performed confirmed that he died from tuberculosis.
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