Five agents in active and one in second activity have been expedited after the National Court notified the Directorate General of the Police of their accusation in the Villarejo case. Of those five commands, only one has seen how the opening of the file has led to the immediate suspension of their duties. The other four continue to work daily in positions far from those that allowed them to participate in the maneuvers against the opposition during the first term of Mariano Rajoy, between 2012 and 2016.
The reference that the General Directorate of the Police has used to separate from the service is the type of precautionary measures imposed by the judge when they have declared as investigated. Those who have had their passports withdrawn, forbidden to leave the country or imposed monthly court appearances, are left out of the suspension because they are not "sufficiently burdensome" measures, say official sources of the Corps. According to this interpretation of the Disciplinary Regime Law, the imposition of fortnightly appearances in court is sufficient reason for the agent not to return to work until his file is resolved.
This application of the legal text allows, for example, that Chief Inspector José Ángel Fuentes Gago go every day to the Superior Headquarters of Madrid, also after the recording has been published in which he offers in April 2016 an extrajudicial agreement to a former minister of Hugo Chávez to harm Podemos. Like the rest of the expedited ones not separated, Sources Gago conserves its plate and its pistol.
Sources Gago was dismissed from his previous position of free appointment, the one of Interior attaché in The Hague, by the current Interior team and sent to the bureaucratic tasks that he performs today. The chief inspector charged 10,000 gross monthly, a figure very similar to the salary of his wife, also police and equally destined in times of the PP in that European city. She was also dismissed. Last month, Judge Manuel García Castellón questioned Fuentes Gago as being investigated for espionage to Bárcenas with reserved funds. The Directorate of the Police opened a file on being informed, which has not prevented him from initiating the procedures to qualify for promotion to commissioner.
Article 65 of the Organic Law on Personnel Regime of the Police establishes, in its first point, that the provisional suspension may be decided by the initiation of a disciplinary file for serious or very serious fault or "as a consequence of the prosecution, indictment or adoption of some precautionary measure against the accused in a criminal proceeding ".
It would be a "precautionary measure" at the disciplinary level whose adoption, according to article 33 of that Law, corresponds to accord to the general director of the Police, Francisco Pardo. The sources of the Directorate of the Police consulted allege, however, that "jurisprudence" of the Supreme Court requires that the precautionary measures that entail the suspension be of sufficient gravity, such as bi-weekly appearances, and that they do not serve others, such as the prohibition to leave of the country or the obligation to appear in court every month.
All open police files rooted in an accusation are paralyzed until there is a final judgment. In the event that the agents appeal to the Supreme Court, the administrative file may be held for years. Changes in their criminal situation, such as being convicted in the first instance, can cause them to be removed from the service if they had not been before.
The Disciplinary Regime of the Police responds to an Organic Law approved in 2010, during Zapatero's term. Its last reform, of 2015, is a consequence of the approval of the Citizen Security Law and did not affect the provisional suspensions. The main consequence of not being suspended from duties is that the police continues to collect his full salary. Point 5 of article 65 establishes that the suspended official "will be entitled to receive one hundred percent of the basic remuneration", in which the supplements do not enter.
The only defendant in the framework of the Villarejo case who has been provisionally suspended is the commissioner Carlos Salamanca and is not investigated in the piece of espionage to Bárcenas, in which the main protagonists of the political brigade coincide. Salamanca was arrested on the same day as José Manuel Villarejo, on November 3, 2017, and sent to provisional detention by Judge Carmen Lamela. Arrested in his office as Head of Central Border Security, he spent more than ten months in jail. A week after his arrest his suspension of duties was pronounced.
Carlos Salamanca is accused of receiving bribes in exchange for illegally introducing Guinean citizens into Spain and of collaborating with Villarejo in the King report, the main piece of the case on a dossier for one of the factions around the Guinean dictator Obiang. Judge De Egea reduced his bail to 100,000 euros in mid-September, which facilitated his provisional release. And he imposed biweekly appearances in court, in addition to the prohibition to leave Spain and the withdrawal of the passport. This imposition of fortnightly appearances meant that the decision to provisionally withdraw the service was not lifted.
Gómez Gordo, imputed and recently promoted to commissioner
The lax internal regulations for the suspension of functions also causes another of the accused in the Villarejo case and member of the political brigade, Andrés Gómez Gordo, has released promotion and destination in recent weeks. Gómez Gordo, suspected of having caught the Bárcenas mole, was on leave when he allegedly contacted the driver. He worked as director of Analysis and Documentation of the Junta de Castilla-La Mancha with María Dolores de Cospedal, for which he acted as head of escort, among other tasks. He returned to the police just one month before the ex-leader of the PP lost the regional government and six months was decorated with a medal pension.
Gomez Gordo returned to the police with his rank of chief inspector. He tried to ascend to commissioner when the activity of the political police had surfaced and he was suspended. However, the inclusion of a member of the corps of the Corps in the access court cleared the path to promotion. Juan Carlos Ortiz, Chief of Information and Judicial Police with Minister Zoido, had been Police Chief in Castilla-La Mancha while Cospedal was president and Gómez Gordo his advisor.
The change of Government surprised Andrés Gómez Gordo already carrying out the course of commissioner and on December 20 he swore the position in an act chaired by the general director. In the central speech, Francisco Pardo said to the new commissioners: "The National Police is above all Law. For the citizens it represents the application of the Law, the fulfillment of the Law and the respect to the Law. Therefore, react in front of the vices and clumsiness of a few so that their actions do not tarnish the name of our institution ". eldiario.es announced on February 21 the indictment of Gómez Gordo for allegedly participating in the espionage operation "parapolicial" to Bárcenas to benefit "leaders of the Popular Party", as the judge suspects.
'Boni': two files, on the edge of the bench and active
Another of the commanders has been the chief inspector Bonifacio Díez Sevillano, 'Boni', member of the first line of the political brigade that will sit on the bench next to the head of the same, Eugenio Pino, for trying to enter stolen information in the case of the Pujol. The judge issued an order to proceed to proceedings abbreviated against them for the crimes of procedural fraud, disclosure of secrets and false testimony. Neither the file that has motivated that prosecution, nor its imputation for the espionage to Bárcenas have motivated its precautionary suspension of functions.
The current Ministry of the Interior ceased Díez Sevillano from his position at the Embassy of Mexico (11,000 gross euros per month) the last December. However, the relief process has been extended for months and his declaration by the Villarejo case in the National Court still surprised him with a diplomatic passport. The fact that he was on horseback between Mexico and Spain led the Prosecutor's Office to avoid requesting precautionary measures for him. Without precautionary measures against him, the Directorate of the Police has kept him in his new destination at the Superior Headquarters of Madrid despite the two open files.
Equally imputed by the Villarejo case is Sergio Ríos Esgueva, the former Bárcenas exchefer who acted as a mole and who was rewarded with reserved funds and the entry into the Police. Ríos Esgueva is assigned to the Mobile Brigade of the General Commissariat for Citizen Security, considered in the Corps as a privileged destination. And there it continues after its imputation last January for theft, prevarication and embezzlement of public funds. The previous judge of the Villarejo case, Diego de Egea, only imposed as a precautionary measure the prohibition to leave the country.
Article 2 of the Police Disciplinary Regime Law excludes retired agents from their "scope of application", so the former deputy director operating Eugenio Pino, Villarejo himself, Marcelino Martín-Blas and Enrique García Castaño are some of the those who have not received records. At the moment there are more than a dozen policemen, active and retired, imputed in the different pieces of the Villarejo case.
The Disciplinary Regime affects, however, those who are in second activity without destination, reason why there is a sixth file, opened against Chief Inspector Antonio Bonilla, charged in the Villarejo case for obtaining and disseminating confidential data. Bonilla works outside the police.