The Supreme Court has released a ruling that overturns the dismissal of Civil Guard Colonel Diego Pérez de los Cobos and makes various accusations against the Interior to justify its decision. One of them is that the reason for his removal from the headquarters of the command in Madrid is “confused”, as well as “against the judicial police function” and finally “not related to sudden unfitness for the position”. The proof of the illegality of the dismissal, according to the Supreme Court, is that the dismissal “does not arise from the orders” of the colonel.
The judges announced a few days ago their decision to uphold the appeal of Diego Pérez de los Cobos and cancel his 2020 dismissal. At the time, and after several conflicting versions, Interior Minister Fernando Grande-Marlasca justified the alleged dismissal. The colonel declined to comment on the legal case surrounding the feminist 8M and its alleged role in the spread of the coronavirus shortly before the state of alarm.
The Supreme Court explained in the ruling that the reason was “confused” and the order was “contrary to the judicial police function” because the investigating judge had “expressly” prohibited the release of information about it. Moreover, the reason was not related to his suitability for this position of trust, and this is evidenced by the fact that the initiative to remove him “did not come from the commanders” and did not come from “a negative assessment of the appellant’s professionalism. and suitability.”
Diego Pérez de los Cobos, the Supreme Court added, “stated as much as he could and repeatedly” and the leaking of the case reports “was not the reason for the dismissal, but the cause of it.” “On the face of it, dismissal is not justified on account of delay in reporting the leak or its avoidance or non-investigation,” the apex court added.
This ruling, firm and final, unless the State Attorney decides to take the case to the Constitutional Court, does not specify the consequences of his decision, but supports the first ruling issued by the National Court: the one that agreed with the colonel ordered him. to restore the head-quarters of the command in Madrid, and finally also ordered him to be reimbursed all the salary which he had not received during these nearly three years.
From Nuclear Security to the Civil Guard
The Supreme Court, with José Luis Receiro as spokesman for the Division’s unanimous sentence, explains that its jurisprudence on termination of positions of trust It is dated 2019When the Nuclear Safety Center was forced to justify the dismissal of its head in the Sub-Directorate of Nuclear Facilities.
“We reiterate our jurisprudence requiring not only a formal justification for termination for reasons of professional fitness, but also a requirement that it not be vague, imprecise, or routine, based on opaque, standardized expressions,” the Supreme Court recalled.
Source: El Diario
