To understand the dismissal of Colonel Diego Pérez de los Cobos, head of the Civil Guard in the Community of Madrid, you have to look at the Investigating Court number 51 in the capital. The magistrate who heads said judicial body, Carmen Rodríguez-Medel, has opened an investigation for allowing demonstrations in the Community during the expansion of the coronavirus and, according to a document to which EL PAÍS has had access, has quoted Government delegate José Manuel Franco to declare as accused the next June 5 at nine in the morning. In addition, as confirmed by sources of the security forces, the Interior Minister, Fernando Grande-Marlaska, has made the decision to remove Cobos after the armed institute sent the judge a report that includes serious accusations against the director. from the Coordination Center for Health Alerts and Emergencies of the Ministry of Health, Fernando Simón, to whom he even attributes the commission of crimes. But in what context?
What does the court investigate? Judge Rodríguez-Medel, known for promoting other very media causes – such as the master case which ended Cristina Cifuentes’ political career – opened an investigation on March 23rd on the mass concentrations allowed in the Community during the expansion of the coronavirus. Among others, the feminist march of 8-M. After admitting a complaint from the lawyer Víctor Valladares, the magistrate wants to find out if the government delegation had “enough data to legally prohibit them for health reasons.”
Who is charged? Although the lawyer who promoted the cause requested that action be taken against all autonomous delegates of the Government and against President Pedro Sánchez himself, the judge limited his performance to the representative of the Executive in the Community of Madrid, José Manuel Franco, also leader of the Socialist Party of Madrid (PSM). Rodríguez-Medel explained that he only had powers to investigate him. On the one hand, Sánchez is appraised before the Supreme Court; and, on the other, the magistrate lacks territorial powers over the rest. For this reason, he has only charged Franco, whom he keeps investigating for a crime of prevarication.
What initiatives has the judge taken? Since the investigation began, the magistrate has requested different reports and documents from the forensics, the Civil Guard and the government delegation. In fact, after receiving a first document from the armed institute where it was said that the “causality” between the feminist 8-M march and the contagions was not proven, Rodríguez-Medel already decided to lower the initial accusation of Franco. He ruled out the crime of reckless injuries that he initially attributed to him and kept only that of prevarication. According to sources of the Civil Guard, in another document sent to the judge, the armed institute also included the evaluations that have caused the dismissal of Pérez de los Cobos.
What is the status of the investigations? According to the judge’s brief signed this Monday and to which EL PAÍS had access, the magistrate continues the investigation and has launched a new battery of initiatives. In this document, requests new data and files from the Secretary General of the Delegation of the Government of Madrid, the General Secretariat of the Ministry of Health, the Secretary General of the Ministry of Health of the Community. In turn, request a new report from the coroner. And it establishes the first statements in the case: Franco’s as accused; but also that of several witnesses, such as the chief of staff of the Government Delegate and the director of the Citizen Security Unit.
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