There were six days left for Tomás Merina, the new elected president of the Madrid College of Physicians, to take office. Furthermore, it had been just one month since he emerged victorious from a controversial election in the Icomem, which he won with 4,475 votes, placing himself above the rest of the candidates: the nephrologist Esther Rubio (2,580 supports) and the until then leader of the collegiate body, Manuel Martínez-Sellés, who took last place with 2,393 votes. But in the countdown to opening a new stage, everything seems to have been blown up.
This Wednesday the College’s Resources Commission – an entity in charge of managing challenges against certain resolutions – issued an opinion accepting one of the requests that Sellés presented during the campaign and that asked to annul Merina’s candidacy for “not meeting the requirements.” minimum requirements” to apply. Specifically, they alleged that his figure conflicts with article 13 of its statutes, which requires presidential candidates to “be in the exercise of the profession.” Merina has been retired from health centers for years, although those around her question whether this means being left out of the profession.
In fact, they have taken the issue to court. This same Friday, the vetoed president has filed an appeal requesting extremely precautionary measures before the Contentious-Administrative Court of Madrid. In other words, he requests that, at least provisionally, the ruling that annuls his candidacy be paralyzed until this lawsuit is resolved, which will also be made known to both the Electoral Board that endorsed his project and the Resources Commission, which invalidated it.
Merina insists on her intentions to take office next week, as planned. But his own lawyers are not able to confirm whether this appeal will finally be accepted in a timely manner. Manuel Martínez-Sellés, who already during the announcement by which his opponent’s presidency was canceled, assured that he would not run for a future re-election – citing the result he obtained in December, when he came in last place –, maintains in statements to Somos Madrid that there is no “black hand” in the Commission’s decision, and that “he precisely wanted to avoid this type of conjecture” by withdrawing his candidacy in time.
From Icomem For EveryoneMerina’s group, deny that Sellés is exempt from responsibility and even speak of a “dispatch maneuver” and “antidemocratic” instigated by himself. What’s more, although the name of the five members of the Resources Commission – a rotating position – has not been revealed, one of the delegates who supported Sellés, Jesús Castellano Alarcón, has been identified as the current secretary of this body. independent.
The delegates are figures from among the members who endorse one or another candidacies so that they can be presented, leaning towards their favorites. The name of Jesús Castellano has been revealed by both Merina and Amyts, the majority medical union (which publicly supports this candidate), in addition to other strong consultations within Icomem.
Somos Madrid has tried to obtain the complete minutes with the resolution of the Appeals Commission to know its explanation of reasons in detail. However, the body itself has refused to share it, claiming that they are not allowed to “provide information about ongoing files.” Although it is a mechanism reflected in the statutes of Icomem and classified as “independent”, its resolutions are not public.
The requested document contains the writings of all the parties involved, as well as the electoral file, the previous report, other personal data and the meaning of the vote of each member of the Commission. “The decision was adopted on a matter of fact and evaluated by this independent body and unrelated to any of the candidates,” they stated in an email response. Neither the team of Manuel Martínez-Sellés nor that of Tomás Merina, both in possession of the minutes, have agreed to provide the data it contains, alluding to the fact that the decision is, ultimately, that of the Resources Commission.
The fine print of medical statutes
The news of this abrupt decision has shocked people inside and outside Icomem. Not only does it arrive once the latter had already been declared the winner by a comfortable majority; Furthermore, it conflicts with the initial verdict of the Icomem Electoral Board, which from the first moment considered his candidacy valid. In a document dated November 26 signed by its president, Rafael del Río Villegas, it was notified that they had accepted Merina’s proposal to participate in the elections, which would take place days later.
To achieve this approval, all candidates had to submit a series of documents that demonstrated that they met the requirements to be eligible: they had been members for at least 10 years; not be immersed in any type of legal or statutory incapacity, nor in explicit prohibitions as a member; not have disciplinary sanctions (unless he has later been rehabilitated for the position); and, key to the issue, being a “practicing” professional.
For this last case, Merina provided a report from the Mutual Médica, which accredits those who practice medicine on their own, proving that Merina has been a mutual member since 2023 and is up to date with all her payments. Another of the arguments put forward by his opponents is that he does not meet the minimum 10 years of seniority as a member, since there was a break on July 23, 2009.
That year, Merina’s file shows that she stopped being part of Icomem due to “cessation of practice”, although she resumed her registration some time later, on March 8, 2018 and until today. Its defenders allege that the statutes do not specify that this decade of permanence must correspond to the last 10 years before an election, and indeed the regulations do not specify that it should be like this. Whatever the opinions of each actor in this endless story, it will be the Justice or the Madrid College of Physicians itself who determine what all this fine print of the law will become.
Sellés’ controversies and accusations of closeness to Ayuso
Although it does not seem that he will retain his position, Sellés’ figure has been highlighted since the beginning of the campaign. Or even before starting. In the week before the elections, the vice president of its board of directors, Luisa González, resigned by surprise. Who, however, was not going to join his team in case of revalidation of the position. His departure occurred amid accusations of lack of transparency that he directed towards the president, to which Icomem released a statement ensuring that González had the information at his disposal “at all times.”
But the noise came to expand the legend that already existed around Martínez-Sellés. In 2021, just a year after coming to power, up to four members of its board of directors resigned in one week; Before that, another member did the same shortly after reaching the Icomem leadership. Circumstances almost led him to dissolve his team and he was on the verge of repeating the election, but he was able to save the furniture. He also received numerous criticisms from the health sector when he showed his support for the position of the Government of Isabel Díaz Ayuso in the strike for out-of-hospital emergencies in 2022, in which Icomem disassociated itself from the unions and asked to stop the protests.
“We have been transparent at all times,” Sellés defended himself this week, having already abandoned any idea of extending his mandate. For now, it is still in operation. “I find it very sad that accusations are made against me without evidence. The decision comes directly from the Resources Commission, which is an independent body, and I learned about it the same day as the rest, no more and no less,” he told this newspaper. It refers to Thursday, January 16, in the morning. Regarding this opinion, to which in his case he has had access, he assures that it is based on “very solid” arguments.
The main unknown is why the Electoral Board did not take them into account from the first moment, because although it is a temporary body – it is established on the day elections are called and is dissolved until further notice once the Presidency is sworn in. – is also stated in the statutes and you can contact the College’s legal services to resolve any type of technical or legal doubt. In fact, at the time there was a fourth candidate that was excluded because it was considered that it did not meet the minimum requirements to participate in the elections. No one yet knows when there will be a definitive answer to all these questions. What is clear is that, in just 48 hours, all the actors have made a move.
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