Clavijo and the Reparos case: ten keys

Fernando Clavijo. / c7

New legal setback for Fernando Clavijo

Francisco Suarez Alamo

The call
case Repairs passes into the hands of the Supreme Court, after writing with reasoned exposition of the investigating judge. Subsequently, CANARIAS7 updates, based on that decision of the court, the keys to this case, which has great political repercussions as it affects the
Secretary General of the Canarian Coalitionregional senator and until the foreseeable date CC candidate for the Presidency of the Canary Islands in 2023.

What is being investigated in the Reparos case?

Santiago Pérez, councilor of the government group of La Laguna and regional senator,
denounced in his day municipal irregularities in the stage of Fernando Clavijo as mayor, by raising objections to the municipal intervention in numerous files, for a millionaire amount. The amount is around 70 million euros.

What did the Prosecutor's Office conclude in April?

The court and Anticorruption took over the investigation, collected municipal information and a statement was taken in court from technicians and public officials.
Maria Farnes Martinez concluded in a letter sent to the court in April that there are serious indications of a "continued crime of administrative prevarication."

What is continued prevarication?

According to the story of María Farnés Martínez, Clavijo
ordered to lift the objections knowing the presumed illegality, as part of an action continued over time and that involved paying millions in amounts to companies that provided municipal services without legal coverage, when the provision could have been given up and new tenders could have been called.

In her letter to the Supreme Court, the judge now indicates that "the facts investigated would constitute a
continued crime of administrative prevaricationwhich would have been committed, incidentally, by Mr. Clavijo during the years 2011, 2012, 2013 and 2014, when he was mayor of the municipality of San Cristóbal de La Laguna and would have done so overcoming objections formulated by the Municipal Intervention, repeatedly and without be subject to administrative procedure in terms of the rules that must govern the administrative contracting of municipalities.

What other irregularities does the Prosecutor appreciate?

He points out that there has also been a
irregular use of the figure of the minor contract for lifting repairs. Likewise, it detects the application of contract extensions retroactively, without justifying the exceptionality of that figure.

Facade of the Supreme Court.

Why to the Supreme Court?

Fernando Clavijo is
honored by his status as regional senator. It should be remembered that the Statute of Autonomy of the Canary Islands included in its last modification the end of appraisals for elected and public positions in the Canary Islands, which is why Clavijo had to testify in the Grúas case in a lagoon court and not in the Superior Court of Justice from the Canary Islands When the legislature began and he was elected regional senator, he managed to get the Grúas case passed to the Supreme Court, where it was archived.

Is there a parallel with the Cranes case?

In her writing, María Farnés
stops to analyze that possibility and concludes no. He supports it in that in 2020 the Supreme Court clung to the argument that there was a
external legal opinion that endorsed Clavijo's decisions, but in the Reparos case "there is no record of any outside opinion." Likewise, he stresses that the auditor's reports are "decisive" and include his "criterion that is totally contrary to the extensions and contractual continuities adopted."

What will happen now?

The Supreme Court must first communicate that it assumes the cause, which is taken for granted. This means, in practice, that
Fernando Clavijo goes on to be investigated (what was previously known as imputed). Then, you must decide whether to call the defendant to testify.

Maria Farnes Martinez. /

c7

Who is Maria Farnes Martinez?

Delegate Prosecutor for Anticorruption in Santa Cruz de Tenerife, provincial chief prosecutor and was the prosecutor who
took the case of Las Teresitaswhose origin is in a complaint in which Santiago Pérez also participated.

Would a Supreme Court investigation of Clavijo disqualify him as a candidate?

No. From a legal point of view,
can be a candidate and be judicially investigated. Another thing is the cost to the electorate that this has.

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