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Colonel

Diego Pérez de los Cobos

has asked the judge of the National Court who considered his dismissal illegal to order the Ministry of the Interior to replace him as head of the Madrid Civil Guard Command.

The letter addressed to the National High Court asks to apply the possibility that the law contemplates that sentences that are not yet final be executed.

In this case, the State Attorney appealed the decision of the central contentious court number 8 of the Hearing to annul the dismissal.

The appeal must be resolved by the

Contentious-Administrative Chamber

of the Hearing.

This decision, in turn, may be appealed in cassation before the Supreme Court.

One of the arguments of the brief presented by the lawyer Carlos Aguilar is that if you wait for the judicial process to conclude, by the time the last word has been said Pérez de los Cobos will already be in a reserve situation, to which it will pass in 2024, when he turns 61.

The order to replace him contained in the sentence, which would end up being "illusory", could no longer be fulfilled.

Without obstacles

The lawyer in charge of the Civil Guard also recalls that at the beginning of the procedure the State Lawyers' Office opposed the request to leave suspended in dismissal, alleging that a possible sentence against the Interior could be executed.

This scenario is the one that has occurred and asks that the forecast of the State's lawyer be fulfilled, to which the judge will now transfer Pérez de los Cobos's request to pronounce himself.

The letter indicates that the requirements that could prevent the provisional execution are not met, since the replacement would not generate an irreversible situation or a loss of impossible repair.

The judgment of the central court judge concluded that the dismissal was illegal because it was due to Pérez de los Cobos' refusal to report on the 8-M investigation - which affected the government delegate - despite the fact that the judge investigating He had ordered not to report to his superiors, given the political repercussions of the matter.

"Illegal criminal"

The dismissal proposal ratified by Minister Fernando Grande-Marlaska indicated that it occurred because the colonel had not provided data on the cause "for the purpose of knowledge." "With no record of what information it was considered that the appellant should have communicated in his capacity as head of the Madrid Command," says Judge Celestino Salgado in his sentence, "we cannot conclude other than the reason for the discretionary decision of The dismissal was illegal, as the dismissal was motivated by complying with what the law and the express judicial mandate ordered both the UOPJ [Organic Unit of the Judicial Police] and their superiors, not to report on the development of the investigations and actions ongoing, which, among other things, could have constituted a criminal offense ".

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Know more

  • Supreme court

  • National audience

  • Madrid

  • Justice

  • Civil Guard

  • Fernando Grande-Marlaska

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