Coronel perez de los cobos

National police spain ranks

We are therefore faced with a legal criterion that draws a clear dividing line between the rights of members of the Benemérita and those of other civil servants, who are not subject to a regime as strict as that governing an institution of a military nature.

It seems clear that his positions as advisor or as director of the Coordination and Studies Office of the Ministry of the Interior can be considered as freely appointed positions. His removal for loss of confidence would not give rise to doubts, regardless of the reasons given for this. In this specific aspect, the ruling would be unappealable.

So, if the position of advisor or chief of staff could be considered stricto sensu as a position of free designation, a position of trust, the position of chief of the Madrid Command, is completely outside that scope, since the criteria for accessing it is not political, but professional.

In the Guardia Civil there are almost 10,000 positions considered as free designation. So, taking to absurdity the reasoning established in the sentence by the contentious chamber of the National Court, the Secretary of State for Security could have at his disposal such a large number of posts without the need to justify it.

Ministry of the interior spain

Between April 2018 and May 2020 he was Chief of the Madrid Civil Guard Command.[5] His dismissal from this post caused a notable controversy at the national level among the different political parties due to the circumstances that motivated the decision.

Born in Gandía (Valencia) in 1963[1] and son of Antonio and Amparo, a wealthy couple, he was the second of two brothers. His older brother, Francisco, was president of the Constitutional Court.[6] His family, described by some media as “very conservative”,[7] has been linked by some sources to the extreme right;[8] his father, a pediatrician by profession,[9] was a candidate for Murcia for Fuerza Nueva in the 1977 general elections.[6][10][11][12] In 1992 he was prosecuted along with another two brothers.

In 1992 he was prosecuted along with five other civil guards for allegedly having participated in the torture of Kepa Urra,[12] arrested for links with an ETA commando in Vizcaya. Although the trial, known as the “Urra case”, concluded with the conviction of three members of the police force, Pérez de los Cobos was acquitted for not finding sufficient evidence linking him to the facts.[13][14][15][n. 1]

Guardia civil – wikipedia english

The dismissal occurred when his subordinates investigated, under the direction of a judge, the possible relationship of the demonstration of 8-M 2020 with the start of coronavirus infections. Now, the colonel has decided to appeal to the high court, as reported by ‘El Mundo’ and confirmed by defense sources Europa Press.

For the court, this loss of confidence came, as the sentence recalls, because of the “non-information of the development” – and not of the content – of “investigations and actions” carried out by the Civil Guard. All of this, it points out, in the broad and, at times, confusing “operational and judicial police framework”.

The court thus upheld the appeal filed by the State Attorney’s Office, which argued on behalf of the Ministry of the Interior that the dismissal of Pérez de los Cobos did not involve “misuse of power” as it was due to a loss of confidence. In addition, it argued that with its decision the National Court “eliminated” the possibility of removing an officer from a freely appointed position, according to the “judgment of confidence” established by the chain of command.

Francisco pérez de los cobos orihuel

The defense of Pérez de los Cobos has appealed his dismissal as “arbitrary, criminal and discriminatory”, and points out that the court of the Audiencia Nacional departed from the existing jurisprudence on the need to motivate the departures of civil servants in positions of free designation, as was his case.

To clarify the jurisprudenceIn response to these arguments, the lawyer of Pérez de los Cobos believes it is convenient that the Supreme Court clarifies the jurisprudential interpretation on the motivation of these dismissals in the Civil Guard in positions of free designation. The appeal criticizes that the Chamber considers that the generic reason for the loss of confidence is not subject to review and it cannot be assessed whether it is justified. “This is tantamount to holding that there is no way to question an arbitrary dismissal, based on false premises, discriminatory or even criminal in itself,” argues the lawyer.

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