The retirement of Judge Inmaculada Iglesias, published in the Official Gazette on August 9th, led to the declaration of his disqualification as a judge, and accordingly to the decision of the Superior Court of Madrid (TSJM) on October 9th, a plaint complaint was filed against Nacho Cano. This decision did not prevent the re-institution of a complaint against another judicial body on the basis of the court’s lack of jurisdiction following the judge’s retirement. In light of this situation, the artist Nacho Cano has requested a new investigation into the conduct of Inmaculada Iglesias, which is currently under investigation for alleged fraud related to the music program Malinche, as reported by Agence Europa Press, based on documents submitted to the Madrid Investigative Court.
According to the European Press Agency, Cano has filed a new complaint accusing the former judge of alleged deviations in previous judicial proceedings. According to documents obtained by the news agency, the complaint included as evidence the recorded statement of the deputy labor inspector who was in charge of the report prepared during the inspection on June 27, 2024. This report was critical to the filing of the lawsuit and formed a central part of the documents submitted by Mr. Cano’s legal team.
The European Press detailed that the Madrid regional court ordered the preliminary filing of the case after denying the existence of any credible indication that the musical’s directors were trying to introduce Mexican nationals to Spain to secretly participate in Malinche. The judges found there was no evidence that he had committed a crime involving the rights of workers or foreigners. Furthermore, they emphasized that potential administrative non-compliance should be analyzed in another jurisdiction, thereby avoiding prolonging proceedings based solely on general investigations.
The new lawsuit promoted by Mr. Cano aims to restart the study of previous judicial management, particularly the guidance provided by former judge Mr. Iglesias. According to Agence Europa, the artist has asked the Madrid Investigative Court to assess whether the former judge acted improperly during the investigation of the case, which could be classified as prevarication.
The decisions reached by the District Court and TSJM were based on the fact that the previous acts did not prove labor crimes or violations of immigration law, and the possibility that the investigated facts constituted a criminal offense was excluded. Europa Press reported that the TSJM ruling ruled on the court’s lack of jurisdiction following Iglesias’ retirement, but also opened up the possibility that the investigation could be directed to the corresponding court of justice after jurisdiction is lost.
As a major documentary piece, the new complaint provides an audiovisual recording of the statement of a deputy labor inspector, the same person who prepared the inspection report that influenced the previous judicial file, the European Press detailed. Evidence is key Labor authorities participated in an inspection conducted in June 2024, and their conclusions were supported by both the original processing and the arguments of Mr. Cano’s defense.
Europa Press emphasized that the forced retirement of Inmaculada Iglesias, officially announced at the BOE, was decisive for the procedural transformation of the “Malinche” case, thereby allowing new cases to be imposed on ordinary judges. In the future, the corresponding Madrid Investigative Court will have to analyze the complaint and decide again whether it is possible to investigate Iglesias’ management in the investigation of this process.
Moreover, this archived case arose after several months of judicial proceedings in which the Madrid Regional Court deemed that there was not enough evidence to claim that the defendant tried to introduce irregular Mexican artists for the performance of “Malinche.” The judges stressed that the question of whether to comply with administrative requirements should be resolved in a separate jurisdiction, and that jurisdiction should be moved away from criminal courts.
The complaint filed this time focuses on the actions of the former judge, rather than the facts surrounding the entry and employment of foreign artists. According to a report from Agence Europa, Mr. Cano is trying to determine whether any misconduct that could fall under the crime of prevarication occurred in the previous administration of justice, particularly in the investigation led by Mr. Iglesias, which has given a new direction to the process surrounding the musical “Malinche.”
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