Government · Madrid
Prosecutor in Spain's Kitchen trial says operation was a 'criminal parapolice' plot to obstruct Gürtel case
Anti-corruption prosecutor César de Rivas told a Madrid court that the 2013 operation against former PP treasurer Luis Bárcenas was an illegal scheme to steal compromising documents and protect party leaders.
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In brief
César de Rivas told the court the 2013 operation was not an intelligence mission but an illegal scheme to steal documents and recordings from former PP treasurer Luis Bárcenas.
De Rivas said the participation of Jorge Fernández Díaz and his deputy Francisco Martínez had been proven, citing messages and diary entries.
The prosecutor argued the operation aimed to 'boycott' the judicial probe into the PP's alleged slush fund, not to trace hidden assets as the defence claimed.
The prosecution seeks 19 years for commissioner Villarejo, 15 years for the former minister and three other officials, and 12.5 years for Bárcenas's former driver.
Final arguments
Anti-corruption prosecutor César de Rivas presented his final conclusions on Tuesday in the trial of the so-called 'Kitchen operation', telling the Audiencia Nacional that the evidence proves the operation was a 'criminal parapolice' device designed to 'boycott and obstruct' the judicial investigation into the Gürtel corruption case. The trial, which began on 6 April 2026, reached its 32nd session with the prosecutor's summation.
“It had nothing to do with investigating the Gürtel case, but rather obtaining documentation to boycott the Gürtel case.”
De Rivas dismissed the defence argument that the operation was a legitimate intelligence-gathering effort to trace Bárcenas's hidden assets abroad. He noted that the information about Swiss bank accounts had already been incorporated into the Gürtel investigation, and that the operatives never informed the investigating judge or the police unit handling the case.
Targeting Bárcenas
The prosecutor described how the operation, carried out in 2013 during Mariano Rajoy's government, focused on recruiting Bárcenas's driver Sergio Ríos as an informant and conducting surveillance on Bárcenas's wife Rosalía Iglesias. The real objective, he said, was to seize sensitive documents and recordings that Bárcenas claimed to possess, which could implicate senior PP figures.
“From the moment the operation was conceived, its criminal purpose was clear. It was aimed at obtaining information and documentation that could be compromising for the PP and its top leaders, precisely to boycott that judicial investigation.”
De Rivas relied heavily on the diaries of retired commissioner José Manuel Villarejo, who is also on trial. He cited an entry from 5 February 2013 discussing the possible location of material at Bárcenas's mother's house in Riaza, Segovia, and later notes about the need for tighter control over the former treasurer.
Ministerial involvement
The prosecutor stated that the participation of then-Interior Minister Jorge Fernández Díaz and his deputy Francisco Martínez had been 'proven in the trial'. He pointed to incriminating messages between the two, which Martínez had registered before a notary, as well as Villarejo's diary references to 'Chisco' (Martínez).
“The participation, from the moment of the recruitment of Sergio Ríos, of both Francisco Martínez, Secretary of State, and Jorge Fernández Díaz, in his capacity as Interior Minister, has been proven.”
De Rivas argued that the top officials exercised indirect control over Ríos through the direct handlers, with Villarejo's notes showing that Martínez was kept informed and requested a 'specific plan' for the operation.
Sentences requested
The prosecution maintained its sentencing requests, which were confirmed on Monday. The demands range from 19 years for Villarejo, described as the handler of the driver-turned-informant, to 15 years each for Fernández Díaz, Martínez, former deputy operational director Eugenio Pino, and commissioner Andrés Gómez Gordo. Former driver Sergio Ríos faces 12 and a half years, while former internal affairs chief Marcelino Martín Blas faces two and a half years. The prosecutor seeks no penalty for commissioner José Luis Olivera.
- José Manuel Villarejo
- 19 years
- Jorge Fernández Díaz
- 15 years
- Francisco Martínez
- 15 years
- Eugenio Pino
- 15 years
- Andrés Gómez Gordo
- 15 years
- Sergio Ríos
- 12.5 years
- Marcelino Martín Blas
- 2.5 years
Data from the article text
The trial now moves to the remaining prosecution arguments, followed by defence summations and the defendants' right to a final statement. The court is presided over by judge Teresa Palacios.
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Sources and context
- La RazónAnticorrupción ve probado el espionaje parapolicial contra Bárcenas para "boicotear" el "caso Gürtel"
- RTVE.esEn directo: El fiscal sitúa al exministro Fernández Díaz al frente de la Operación Kitchen: "Se ha acreditado su participación
- europa pressLa Fiscalía ve probado que Kitchen fue un "operativo parapolicial...
- 20 minutosEl fiscal ve acreditado que Fernández Díaz participó en el operativo ilegal de Kitchen
- César de Rivas
- Anti-corruption prosecutor presenting final conclusions in the Kitchen trial
- Jorge Fernández Díaz
- Former Spanish Interior Minister accused in the Kitchen case
- Francisco Martínez
- Former Secretary of State for Security, co-defendant in the Kitchen trial
- Luis Bárcenas
- Former PP treasurer, target of the Kitchen operation
- Mariano Rajoy
- Former Spanish Prime Minister, in office during the Kitchen operation
- José Manuel Villarejo
- Retired police commissioner, accused of handling the informant in the Kitchen operation
- Eugenio Pino
- Former deputy operational director of the National Police, co-defendant
- Andrés Gómez Gordo
- Police commissioner, co-defendant in the Kitchen trial
- Sergio Ríos
- Former driver of the Bárcenas family, recruited as an informant
- Marcelino Martín Blas
- Former head of Internal Affairs of the National Police, co-defendant
- Teresa Palacios
- Judge presiding over the Kitchen trial at the Audiencia Nacional
- Places
- Madrid
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