The Madrid Prosecutor’s Office requests ten years of disqualification for a high position in the Madrid City Council for the alleged commission of a crime of administrative prevarication in relation to illegal demolition in July 2022 of a home in Cañada Real.
Last June, the judge who investigated the case issued the order by which agreed to continue the proceedings through the procedures of the abbreviated procedurein case the facts attributed to the head of Urban Discipline of the City Council, Julio César SG, and the former commissioner of the Community of Madrid for the Cañada Real Markel GP, were constitutive of a crime of prevarication.
In his indictment, the prosecutor accuses the two investigated for a crime of administrative prevarication and requests for them the penalty of special disqualification from employment and public office related to urban planning for ten years.
In his account of the events, the prosecutor states that the demolition order “the affected person was not informed in any waynor to his legal defense, nor was he given a hearing process, He did not even wait for notification of the resolution of his previous appeal of replacement against the eviction order”.
“The communication of abandonment of the residence in question was absolutely fallacious, as could be seen from the procedure itself processed until then, and was used exclusively as a fraudulent basis to deviate from the legal demolition procedure of the home, and enable its direct execution by the Commissioner of the CAM, behind the back of the affected person, through an irregular order addressed by the City Council to the Commissioner himself,” the ruling states.
A year ago, the head of Urban Discipline of the Madrid City Council He acknowledged before the judge that he communicated erroneous information and that the demolition was carried out without further consultation.
The judge investigated this demolition at the request of a complaint from CAES (Center for Counseling and Social Studies)for the alleged commission of crimes of trespassing, damages, against territorial planning and urban planning, and prevarication, among others.
The lawyer Alejandra Jacintofrom CAES, has highlighted in statements that this request from the Prosecutor’s Office should serve to “take note that demolishing homes without a court order, even if they are in La Cañada, is illegal“.
Neighbor harassment campaign
According to CAES, this demolition was carried out within the framework of all “a campaign orchestrated by public administrations of harassment and demolishing the neighbors and historical residents of the Cañada Real”, a campaign whose The main milestone was the power outage to Sectors V and VI in October 2020and that seeks to expel the residents of this area for the benefit of urban developments in the southeast.”
The judge emphasized that “the inconsistencies and contradictions between what was stated by those investigated, and what was verified in the documentation on hand, are more than evident and signs of criminality are evidentwhich fully justify this resolution”.
The private prosecution points out that “in a matter of just 24 hours from the communication of the alleged abandonment and without carrying out even the slightest check on the condition of the home and of its administrative procedure, the Head of Urban Discipline (who was perfectly aware of the existence of a file that had just been initiated and appealed, since he himself was the instructor of said procedure) authorized the demolition, which ran automatically on July 19just 5 days since the declaration of alleged abandonment”.
According to CAES, at that time The neighbor was on vacation outside his home. for just a week, and had filed allegations in the administrative procedure justifying and proving that the home was his domicile just a month before.
The affected person, traveling in Morocco
The complainant is a citizen of Moroccan nationality who has resided in Spain for decades with a long-term work permit, having established his domicile since 2004 on the plot 203 of Sector 6 of the Cañada Real Galiana.
It was about a home that is more than 20 years oldbeing in a similar situation to another group of old houses in Sector 6 of Cañada Real that have not opted for the relocation process that is carried out in the area and that They consider that they should be recognized in their acquired rights after a prolonged habitation for decades.
The Madrid City Council, through its urban discipline department, opened a file for construction without a licensejust like many other homes in the area. In response to this, the complainant presented allegations and an appeal against the demolition order.
According to the complaint, this administrative file, In no case could it lead to the demolition of the home without having completed and without having prepared a prior demolition budget.
Despite this, the demolition was carried out on July 19, 2022 when the complainant was traveling in Morocco. Some neighbors informed him by phone that his home was being demolished. by a group of workers using an excavator.
Apparently They also knocked down an adjacent ship and They also tried to demolish the orchard buildings on plot 205 which they could not do due to the opposition of its owner who reported that he had opened a file in urban planning discipline.
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