• Document.The order to dismiss Pérez de los Cobos reveals that Grande-Marlaska lied in Congress and in the Senate.
  • Cessation: judges and prosecutors believe that after the removal of Pérez de los Cobos by Grande-Marlaska there could be a crime

Colonel Diego Pérez de los Cobos plans to appeal his dismissal to the courts for "not informing" the Ministry of the Interior of the judicial investigation of the 8-M case, where the Government delegate in Madrid, José, is currently being charged. Manuel Franco.

According to sources close to De los Cobos consulted by EL MUNDO, the high command of the Civil Guard, dismissed as head of the Madrid Command, is currently studying what is the best formula for the presentation of the aforementioned resource that he has decided to present.

Article 9 of the Law Regulating the Contentious-Administrative Jurisdiction maintains that "the Central Courts of Contentious-administrative will hear the appeals that are deducted from administrative acts that are aimed at first or only instance in matters of personnel in the case of acts dictated by ministers and secretaries of state, unless they confirm by means of appeal, supervision or guardianship, acts dictated by lower bodies. "

However, the legal sources consulted maintain that the colonel must exhaust the administrative route before being able to go to court to appeal the dismissal. In this sense, against the resolution where his fulminant dismissal was agreed for alleged "loss of confidence", an appeal may be lodged with the Secretary of State for Security of the Ministry of Interior. It was the Secretary of State R afael Pérez Ruiz who signed the dismissal, so it is up to the Minister Fernando Grande-Marlaska to resolve the appeal that will be presented in the future.

Gamez's trade

Once the minister himself resolves the appeal, it is when the colonel of the Benemérita can go to the Contentious courts. As main proof that it is an unfair or arbitrary dismissal, De los Cobos has the official dismissal proposal, signed by the director of the Civil Guard, María Gámez , where it is stated that the dismissal occurs "due to loss of confidence "of the Ministry of the Interior," for failing to report the development of investigations and actions of the Civil Guard, within the operational framework and of the Judicial Police, for the purposes of knowledge. "

The Judicial Police should only report the investigations of a judicial procedure to the judge investigating the case. This is stated in the Organic Law 2/1986, of March 13, on Security Forces and Bodies , whose article 31.1 provides that, in the fulfillment of their functions, the officials assigned to Judicial Police Units "depend organically on the Ministry of the Interior and functionally of the judges, courts or Public Prosecutor who are hearing the matter under investigation. " If Diego Pérez de los Cobos had informed Minister Marlaska of the content of the Civil Guard report provided to Investigating Court Number 51 in Madrid, he would have probably committed an illegality.

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  • Civil Guard
  • Madrid
  • Fernando Grande-Marlaska
  • March 8

SenadoGrande-Marlaska rules out resigning and denies, despite the evidence, having interfered in the work of the Civil Guard in the '8-M case'

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InteriorThe dismissal order of Pérez de los Cobos reveals that Grande-Marlaska lied in Congress and in the Senate