The Fourth Section of the Contentious-Administrative Chamber 3 of the Supreme upheld the appeal filed by Diego Pérez de los Cobos Orihuel against the ruling of the National High Court of 15 September 2021 which had confirmed on appeal his dismissal as head of the Madrid Command, a ruling which it annulled, thus confirming the ruling of the Central Court which, in the first instance, had annulled the dismissal of the Guardia Civil Colonel.
The Colonel was dismissed by the Ministry of Interior due to “lack of trust”, coinciding with the investigation carried out by the Judicial Police (UOPJ) concerning the authorisations for mass events on the dates prior to the declaration of the state of alarm following the COVID-19 health crisis.
The Court states the Judicial Police (UOPJ) was under the orders of the Magistrate who was in charge of the investigation without any governmental interference being admissible, and even less so if the Magistrate had ordered absolute secrecy and that only she was to be informed.
According to the ruling, the Judicial Police is part of the Administration, and Article 126 of the Constitution places it under the authority of the judges and courts and of the Public Prosecutor’s Office in the functions of investigation of crimes as a guarantee of the independence and effectiveness of the judicial police.
CMS Spain represented the Colonel with partner Carlos Aguilar, head of the firm´s Litigation Department.