The Judge Orders Summoning of Nacho Cano's Interns Before Their Imminent Departure from Spain

The 17 Mexican students who entered Spain as tourists to work in Nacho Cano's Malinche show will appear in a Madrid court before taking a flight back to their country this coming Sunday. Magistrate Antonio Serrano-Arnal, substituting for the case's regular judge who is on vacation, has summoned the alleged interns next Thursday starting at 10:30 AM as witnesses/victims within the investigation proceedings.

The judge wants to record the testimonies of the 17 affected individuals under what is known as pre-constituted evidence before they leave Spain. This type of evidence is gathered before the trial phase begins due to the impossibility of the person attending the hearing later, whether for personal or health reasons. Their testimonies will thus be registered in the procedure whenever required by the parties and they will be obligated to tell the truth.

It was Group II of the Judicial Police of the Central District Police Station in Madrid that notified the court after learning about the imminent departure of these young individuals on September 1st. Magistrate Serrano-Arnal took note and ordered their in-person summoning after rejecting a proposal from their legal representative to testify via videoconference from Mexico. The proceedings are significant enough to warrant pre-constituted evidence, according to consulted legal sources.

In early July, former Mecano member and theater producer Nacho Cano was detained following a private complaint for crimes against immigrant rights and labor rights. After his statement at the police station, he was released on provisional liberty awaiting judicial summons, expected in September or October. The case’s instructor, Inmaculada Iglesias, confirmed at the end of July that the pursued crimes and involvement extended to three other individuals: Cristina Karmiñe D. De S., Roxana Gabriela D. De S., and Susana J.F.

The complainant, an employee of Nacho Cano's show, revealed alleged irregularities in hiring practices. She specified that workdays extended up to 10 hours daily for a remuneration of 500 euros per month and explained that they were housed in a Madrid hostel, taking advantage of their entry into Spain without a visa as mere tourists (with a maximum stay of 90 days) and without a temporary residence permit for work or study.

If the process continues, Cano could face between two and five years in prison for facilitating illegal immigration and six months to six years for labor rights violations. During a controversial press conference following public disclosure of the investigation and his accusation, Cano linked his arrest to "being friends" with Isabel Díaz Ayuso, President of the Community of Madrid, directly accusing the Ministry of Interior and Commissioner Alberto Carba of attempting to ruin his reputation, stating "the criminal is not me; it's the Police." He later clarified these remarks.

In Lesly Guadalupe Ochoa’s complaint—a dancer selected in Mexico along with 18 others through a casting call for Malinche—it is detailed that they were coached to enter Spain as tourists and provided with return tickets without intending to use them to circumvent immigration procedures. They were also assured that after three months (the maximum allowed stay without a visa), they would obtain a scholarship and regularize their status.

One of the three investigated individuals providing travel information instructed them via mobile messages not to carry any corporate information about Malinche or anything suggesting they intended to stay in Spain, as noted by Judge Iglesias in her July 30th order. They were also told to travel staggered and pretend not to know each other, claiming they were traveling for tourism.

The stipulated conditions included workdays from 9 AM to 6 PM with two breaks: one half-hour break at noon and another at 1 PM for lunch. For personal expenses, they received 500 euros monthly and could not work elsewhere except at Templo Canalla nightclub where they served drinks for extra income.

"State of Necessity"

According to police statements, dancers began rehearsing choreographies from the day after their arrival in Spain with some professionals from the musical "even before obtaining or applying for proper administrative authorization," thus performing irregularly within the company.

Judge Iglesias detailed that they arrived between December 2nd and 10th, 2023 but did not apply for study stays until January 27th; these were denied on May 21st as they did not lead to an official degree. She added that those investigated profited from dancers’ work who "received below-standard pay," expressing financial need and having to rely on family and personal savings monthly.

Among her pre-vacation written proceedings, Judge Iglesias plans to call the complainant as a witness, offer actions to other victims, request a copy of June 27th inspection report from Labor Inspection regarding whether the 17 irregularly situated dancers participated in Malinche.

A captured WhatsApp group message specifies: "Hello everyone... Management just informed me that until Sunday everyone should perform: Wednesday, Thursday, Friday, Saturday, and Sunday. Thanks everyone," as noted in judicial order.

Malinche Symphonic premiered on September 15th, 2022 at Ifema fairgrounds in Madrid and started its national tour barely months ago. According to producers, over 450,000 spectators have seen this show combining symphony orchestra, rock band, singers, and audiovisual setup narrating Malinche's story—the woman who helped Hernán Cortés during Mexico's conquest symbolizing cultural mestizaje and union. Over 60 people work on this musical.