• Justice Diego Pérez de los Cobos asks the judge to order the Interior to replace him in the position from which he was illegally fired

  • Justice The Hearing concludes that Marlaska dismissed Pérez de los Cobos "for complying with what the law and the judicial order ordered"

The National Court has rejected Colonel Diego Pérez de los Cobos' request to provisionally execute the sentence that annulled his dismissal as head of the

Madrid

Civil Guard

Command

.

The

Central Contentious

Court

number 8

of the Hearing considers that provisional execution could cause damages to third parties that cannot be repaired.

After the judge annulled the dismissal ordered for not informing his superiors of the investigation around 8-M, Pérez de los Cobos requested his immediate reinstatement.

He argued that if all possible appeals were awaited, a favorable decision would be final when it had already passed to the reserve situation.

For the moment, the

State Bar

, which acts on behalf of the

Ministry of the Interior

, has already appealed to the Contentious Chamber of the Audience.

And if it ratifies the favorable judgment of De los Cobos, it may file another appeal before the Supreme Court.

The colonel also stated that in the position in which he has been since his cessation he accumulates fewer points, which undermines his expectation of being promoted to Brigadier General.

Interior opposed the provisional execution, arguing that it would cause irreparable damage to the Administration and to several Civil Guards who would be affected by the reinstatement of the colonel.

Promotion to Brigadier General

In his order, Judge

Celestino Salgado

, who annulled the resolution that ordered the dismissal of Pérez de los Cobos for being contrary to the law, indicates that the damage that the Administration's action has caused the colonel is evident, but adds that what It is necessary to elucidate at this moment is if this damage is irreversible and impossible to repair and if the provisional execution of the sentence can create irreversible situations or cause damage that is difficult to repair.

In relation to the procedure for promotion to Brigadier General, the order explains that it does not occur in strict order of score.

He adds that his transfer to the reserve - if he were not promoted to Brigadier General - would not take place until December 13, 2024. "The possibility that an eventual appeal was admitted for processing is a mere hypothesis that we cannot take into account. counts at the present time. "

In addition, the provisional execution of the sentence would cause, according to the judge, damages to those who currently occupy positions in the Madrid Command and in the Central intervention of Weapons and Explosives.

The order concludes that the provisional execution of the sentence, "although we cannot determine at this moment that it could lead to irreversible situations, it is capable of producing damages that cannot be repaired."

Consequently, the judge rejects Pérez de los Cobos' request.

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