The Court of First Instance and Instruction No. 6 in Leganés, Madrid, has initiated a second judicial case against three former high-ranking officials from the government of Isabel Díaz Ayuso, in relation to the deaths that occurred in nursing homes during the first wave of the COVID-19 pandemic in the Community of Madrid.

This information was confirmed by legal sources and reported by the Marea de Residencias association on Friday.

The individuals implicated include Carlos Mur and Francisco Javier Martínez Peromingo, architects of the controversial 'do not transfer' protocol for elderly residents, often referred to as the 'protocol of shame'.

Both are scheduled to testify on June 17.

In addition, Pablo Busca, the former director of SUMMA 112, and a liaison geriatrician from Severo Ochoa Hospital, will also be called to provide statements on that date.

This marks the second judicial case related to nursing home deaths, following a previous inquiry in which Carlos Mur and Francisco Javier Martínez Peromingo were also cited for investigation.

Their previous scheduled testimonies were postponed due to procedural issues, as their defense attorneys claimed they had not received adequate notice of the proceedings, alleging a violation of their right to defense.

Unlike the first case, which was reopened following a complaint by the prosecution, the current proceedings stem from a lawsuit filed by two family members of residents.

Both cases share a similar allegation regarding a purported discriminatory denial of healthcare assistance, as outlined in Article 511 of the Penal Code.

Scheduled to provide testimony on June 3 are several witnesses, including Alberto Reyero, who served as the Community of Madrid's Minister of Social Policies at the onset of the pandemic.

Reyero has been vocal about the discrimination faced by elderly residents in nursing homes.

Other witnesses include Juan Abarca, president of HM Hospitals, a significant private healthcare group in Madrid; Antonio Burgueño, who was appointed as Ayuso's chief pandemic advisor in March 2020; and the two litigants.

Advocacy groups Marea de Residencias and 7.291: Truth and Justice have deemed these testimonies crucial.

They assert Reyero will clarify how his requests for assistance for sick residents were overlooked, while Abarca's testimony could provide critical data regarding the exclusion of residents without private insurance from hospital transfers.

Additionally, they contend Burgueño had developed a COVID response plan that included the medicalization of nursing homes, which they allege was not implemented.

Reports indicate that ambulances ceased to directly pick up sick residents without an explicit transfer authorization from the liaison geriatrician.

The Community of Madrid maintains that this matter was previously archived three years ago, with officials asserting respect for judicial decisions while emphasizing that over 60 cases related to this issue have already been dismissed.

Miguel Ángel García Martín, the government spokesperson, noted that previous inquiries indicated effective management in the region, supported by endorsements from the Spanish Society of Geriatrics and Gerontology, among other medical societies.

The opposition has demanded accountability, with Francisco Martín Aguirre, the Government Delegate in the Community of Madrid, stating that this second judicial procedure brings greater scrutiny to Ayuso and has called for her to provide explanations and apologies.

He remarked that the progress of justice is tightening around her, referring to the dual issues of nursing home deaths and profit motives in her administration.

This latest development comes as the political landscape in Spain remains fraught, with the opposition accusing the ruling Popular Party of attempting to fabricate evidence against their adversaries.