The National Court has condemned the Ministry of the Interior to reinstate Pérez de los Cobos as head of the Madrid Command. In a ruling, Judge Celestino Salgado upheld the appeal filed by Pérez de los Cobos against the Resolution of the Minister of the Interior of July 28, 2020, which dismissed the appeal filed against the Resolution of the Secretary of State for Security of May 24, which ordered the dismissal of Pérez de los Cobos.
After analyzing the facts and the resolutions adopted in the dismissal, the magistrate explains that he was motivated by not reporting the development of investigations and actions of the Civil Guard in the operational framework and of the Judicial Police, for the purpose of knowledge, all within the framework of the judicial investigation by the 8 M opened in the court 51 of Madrid, which had imposed on Pérez de los Cobos the duty of reserve.
“What is indisputable is that despite the legal duty of reserve and the express order of the Magistrate to the UOPJ, the appellant was dismissed for not reporting the development of investigations and actions of the Civil Guard, within the operational framework and of the Judicial Police, for the purpose of knowledge ”, indicates the magistrate."
"Not stating – he adds – in any way what information it was considered that the appellant should have communicated in his capacity as Head of the Madrid Command, we can only conclude that the reason for the discretionary decision to dismiss was illegal, while the The dismissal was motivated by complying with what the law and the express judicial mandate ordered both the UOPJ and its superiors, not reporting on the development of the investigations and actions in progress; which, among other things, could have constituted a criminal offense ”.
The Interior Minister, Fernando Grande Marlaska, dismissed Pérez de los Cobos last May "due to loss of confidence" after the preparation of a report by the Civil Guard very critical of the Government's management.