The Superior Court of Justice of Castile and León has dismissed and archived a complaint filed by four nuns from the Santa Clara monastery in Belorado against the judge who authorized their provisional transfer. The former nuns accused the magistrate of several offenses related to the procedure for protecting vulnerable persons. The court considers the judicial actions non-criminal.
The Superior Court of Justice of Castile and León (TSJCyL) has agreed to dismiss and archive the complaint filed by four nuns from the Santa Clara monastery in Belorado against the judge of the Briviesca Instance Court in Burgos. The complaint, filed on behalf of four of the five elderly nuns not excommunicated in the conflict with the Archdiocese of Burgos, accused the magistrate of judicial prevarication, documentary falsehood, violation of fundamental rights, and attempted illegal detention. These charges arose from a civil procedure for support measures for persons with disabilities, in which the judge authorized the nuns' provisional transfer to other convents.
The events date back to August 1, when a judicial commission consisting of Civil Guard, members of the Federation of Poor Clares, and the Archdiocese of Burgos attempted to transfer the elderly nuns from Belorado, where days earlier they had been taken to the Orduña monastery in Bizkaia by their companions. The defense alleged arbitrary action, inadequate information, unjustified speed, and false data in the resolutions, as well as an attempt to execute outside jurisdiction in Orduña.
The TSJCyL rejects these arguments, stating that the criminal route cannot be used to challenge judicial decisions; disagreement must be resolved through appeals in the corresponding jurisdiction. "The disagreement with the decisions adopted must be channeled through the appeals established in the corresponding jurisdiction, and not through criminal accusation," the ruling states. Regarding prevarication, the court reiterates that it requires a resolution that is "openly unjust" with full knowledge of its injustice, which does not apply here, as the measures aimed to protect the vulnerable nuns due to age and circumstances.
The court confirms that notification and hearing of the affected parties were attempted, but the commission could not access the monastery due to refusal by persons linked to the excommunicated community. The execution in Orduña is deemed a procedurally irrelevant irregularity. There is no documentary falsehood or attempt at unlawful deprivation of liberty, as the measures were protective and were not carried out due to lack of cooperation.
The Chamber declares that the complaint provides no basis for criminal proceedings and orders its archiving, with costs waived. An appeal may be filed within three days. In August, the TSJCyL had already archived a first complaint for formal defects.