• Interior The Civil Guard celebrates the blow to Marlaska for the cessation of Pérez de los Cobos: "It was a 'vendetta' of the worst Minister of the Interior"
  • Courts The keys to the Supreme Court's ruling on Colonel Pérez de los Cobos: an unjustified cessation

The Supreme Court has notified this Thursday the sentence where it annuls the controversial dismissal of Colonel Diego Pérez de los Cobos. The Chamber, unanimously, considers that the reason given by the Ministry of Interior to dismiss in a fulminant way the high command of the Civil Guard for loss of confidence "is confusing" and "contrary to the function of the Judicial Police", which could not inform the Government of the cause of 8-M because the judge who instructed the case had expressly ordered to maintain the reservations to the agents.

The judges recall that "the Judicial Police is framed in the Administration, article 126 of the Constitution places it under the dependence of judges and courts and the Public Prosecutor's Office in the functions of investigating crimes as a guarantee of the independence and effectiveness of Justice".

The Supreme Court recalls that the colonel "was under the orders of the magistrate who directed the instruction without governmental interference being admissible and less if the magistrate had ordered absolute confidentiality and that only she was informed."

The judges of the Contentious-Administrative Chamber reiterate that the jurisprudence of the High Court "requires not only the formal motivation of the cessation in the post or destination of free appointment for reasons of professional suitability but, in addition, the requirement that this motivation is not vague, imprecise or rituary, based on opaque, standardized expressions, but to give a reason why the professional confidence that motivated the appointment has declined and why the conditions to carry out a destination are no longer met in response to their requirements".

According to The Trust Project criteria

Learn more

  • Supreme Court
  • Civil Guard
  • Justice
  • Articles Angela Martialay