The General Council of Official Colleges of Technical Engineering in Computer Science (Conciti) sent a letter to the President of the Supreme Court and the General Council of the Judiciary (CGPJ), María Isabel Perelló, to denounce the “intrusion” of the two experts appointed by the defense … of Santos Cerdán in the case charged by the High Court to try to remove the recordings of Koldo García. “After verifying the available information, we must communicate that Neither of the two aforementioned professionals has the official qualifying diploma. They hold doctorates in technical computer engineering and are not members of any professional corporation attached to Conciti, so none of them meet the legal requirements to act as computer science experts,” the letter states.
As ABC progressed, one of them is a lawyer and the other runs a detective agency. The document, signed by Mariano Ferrús, 1st vice-president of the General Council of Official Schools of Technical Engineering in Computer Science, affirms that Law 12/1986, of April 1, on the regulation of the professional powers of architects and technical engineers, establishes that “the preparation of reports, opinions and technical studies is an act specific to each technical engineering”, and adds that the Civil Procedure Law, “in its article 340, expressly requires that experts have the official title corresponding to the subject matter of opinion The complaint deepens the fact that article 457 of the Lecrim “.difference between regular and non-tenured expertsreserving the status of holder to those who possess said official title, while article 471 reiterates the duty of ownership of the expert.
The complaint, to which this newspaper had access, concludes that “the intervention of a professional lacking the required title therefore violates these legally established principles of specialty.” The letter insists on the fact that “the intervention of unqualified professionals, especially in areas as sensitive as computer forensics, as is the case of verifying the authenticity of digital or audio files, presents a risk for the technical reliability of the conclusions of the experts, and can undermine the right of the parties to a trial with all the guarantees and compromise the adequate formation of the judicial conviction”.
The Council which brings together the colleges of the subject urges the President of the Supreme Court to take the letter “for the appropriate purposes” and places itself “at the disposal of this High Court to respond to any requirements relating to the professional skills of the group we represent”.
Although the UCO validated the recordings as authentic, the report presented by the defense of the former PSOE organizational secretary ensures that the audios he made Koldo Garcia and which were intervened by agents of the Central Operational Unit (UCO) of the Civil Guard were modified by someone they did not specify. Cerdán’s experts maintain that the dates of the recordings do not correspond to those of the operating systems, so they would have been manipulated: “These irregularities, of an eminently structural nature, cannot be considered accidental or attributable to the ordinary functioning of the iOS operating system”, they detail, adding that there is also a “presence of signatures of iOS versions which are chronologically impossible for the dates that appear in the names and metadata of the files”.
Sources close to the authors of the report in question, Javier Martin Porras and Hernán López Mayoralasdefend their training to prepare a report like this – based on the qualifications they have in cybercrime and other fields even if they are not qualified computer scientists – and assure that computer science “is not a collegiate profession like medicine, for example”. They affirm in their favor that “the agents of the UCO are not computer engineers either” and insist on the fact that the audios have been manipulated. Due to this discrepancy, they will have to testify this Thursday before investigating judge Leopoldo Puente before the Supreme Court. Four UCO guards who analyzed the material are also summoned.
Javier Rubio, computer engineer and dean of the Professional College of Technical Engineers in Computer Science of the Community of Madrid, spoke forcefully in a conversation with ABC: “It is very serious, because we could be facing a case of intrusion. “A lawyer and a detective without a formal degree in computer science or, at least, telecommunications, cannot support these conclusions.”
About The Author
