The Madrid Prosecutor’s Office accuses a senior official of the capital’s City Council and the former commissioner of the Government of Isabel Díaz Ayuso for the Cañada Real of administrative prevarication. He requests for both a special 10-year disqualification from public positions related to urban issues for demolishing a house in sector 6, near the Valdemingómez incinerator, without respecting legal procedures.
One of those investigated in this case is the head of the Urban Discipline Service of the Madrid City Council, JCS, who has held that position for 20 years. The other person involved is the former commissioner of the Community of Madrid, MG, who held that position from 2021 until he left office in April 2023.
The two involved decided to “accelerate the eviction and demolition of the plot” of the complainant, AC, in 2022, without previously informing him and without giving him a hearing, nor “did they even wait for notification of the resolution of his previous appeal for reconsideration against the eviction order,” according to the Prosecutor’s indictment. The demolition occurred when the complainant was traveling in Morocco.
Taking advantage of the fact that AC was outside his house – the Public Ministry assures – the former commissioner sent an email to the senior official of the City Council “informing him” that they had “detected ‘the flagrant abandonment’ of the plot” where the plaintiff resided. In response to this request, the municipal official sent the person in charge of the Community at the time of the events a notification of an immediate demolition order. With it, the former commissioner “delegated” the demolition to an external company “without even previously informing, as is usual, the PM (Municipal Police), in order to guarantee the security of the measure.”
The Public Ministry considers that the administration’s argument to justify the demolition of the home, based on the supposed “abandonment” of the property, “was absolutely fallacious.” According to the Provincial Prosecutor’s Office, this thesis “was used exclusively as a fraudulent basis to deviate from the legal procedure for the demolition of the home, and to enable its direct execution by the Commissioner of the Community of Madrid, behind the back of the affected person, through an irregular order directed by the City Council to the Commissioner himself.”
Registered since 2004
The complainant had been registered on that plot since 2004. In 2020, when the Community began relocation procedures in Cañada Real, the regional government awarded him a new home in Cobeña, always according to the documentation referred to in the Prosecutor’s Office brief. . The tenant of this home rejected this alternative “because the home was too far from his place of work.” Following this decision, Isabel Díaz Ayuso’s team “revoked her right to relocation” and notified the City Council led by José Luis Martínez Almeida.
In November 2021, the department of the senior municipal official investigated initiated an “urban discipline file” against the complainant, who presented allegations to the resolution of eviction of his home and subsequent demolition. The municipal proposal became a resolution, which the complainant appealed.
“For some reason that is not recorded, the Commissioner of the Community of Madrid for the Cañada Real, the accused MG, and JCS, decided the need to accelerate the eviction and demolition of the AC plot, in view of the use it was making. of the legal resources available to it, within the legal procedure,” points out the prosecutor, in a letter issued in July, which has just been accessed by the private prosecution, carried out by the lawyer Carlos Castillo, from the Center for Counseling and Social Studies ( CAES).
Along the same lines, the Public Ministry also maintains that “in order to streamline” the “legal process, and obtain the rapid execution of the demolition, the defendants agreed to devise a strategy that would cover a departure from the aforementioned legal guarantees. , and go to the de facto way.” And he adds that for this they took advantage of the fact that the accused “was in Morocco in July 2022.”
In July, the 20th investigative court of Madrid charged the two defendants with an alleged crime of prevarication. The judge issued the order to transform it into an abbreviated procedure and opened the period for the Prosecutor’s Office and the private prosecution to present their indictment documents. The consulted sources familiar with the case assure that this ruling was appealed.
The Community and Rivas, condemned
elDiario.es has tried to obtain the version of those investigated. The City Council assures that this procedure “is a personal matter for the official.” For their part, sources close to the former commissioner assure that the accusation is “nonsense” and that the institution he represented at the time of the events did not have the authority to carry out the demolitions.
AC’s complaint is not the only judicial case opened for a demolition in the Cañada Real. In September, the Superior Court of Justice of Madrid condemned the regional government and the Rivas Vaciamadrid City Council for another demolition in that same area, although in this case, the complainant was a resident of the Gypsy ethnic group, defended by Secretariado Gitano, who resided in the sector. 4.
Once again, the magistrates explain that in this decision there was no “administrative file” or “administrative act” that determined the demolition of the substandard housing. In this case, the Court concluded that the complainant’s “fundamental right to personal privacy and the inviolability of the home” was “violated”. For this reason, they sentenced the two administrations to pay joint compensation of 15,000 euros.
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