Representatives of the United Left and the parliamentary group of Podemos in the Madrid Assembly will present a complaint on Wednesday against the Anti-Corruption Prosecutor against those responsible for the recently approved Chamartín operation. Signed by the regional deputies Sol Sánchez and Isabel Serra and the head of Economy of IU, Carlos Sánchez Mato, the letter, to which eldiario.es has had access, asks the Prosecutor to investigate for possible "administrative prevarication, bribery and embezzlement of public flows "to 28 political and business leaders who have taken decisions related to the urban development project.
Throughout 55 pages to which another 1,200 are added in 16 annexes, it is requested that the Prosecutor's Office carry out the investigation procedures it deems appropriate, since the actions described could be framed "in crimes of administrative prevarication, bribery and embezzlement of public flows having violated articles 404, 419 and 432 of the Criminal Code, as well as any other crime that appears in the course of the investigation. " The estimate made of the breakdown of public money, of what is quantifiable, would amount to 2,780 million euros.
The defendants are eight ministers of Development – from Borrell to Ábalos, passing by Pastor or De la Serna -, two presidents of the Autonomous Community of Madrid -Aguirre and González-, two mayors of Madrid -Gallardón y Botella-, a councilor of the Treasury Madrid City Council, four presidents and two CEOs of Renfe, five presidents of Adif, a president of the public company Canal de Isabel II, the former president of BBVA Francisco González and two presidents of the private company DUCH-DCN. No member of the Manuela Carmena team has been included since the provisional approval of the project has been carried out with José Luis Martínez Almeida as mayor, whose investigation does not claim either, explain knowledgeable sources of the process of drafting the complaint. However, do not rule out a subsequent extension of the same when you know the details of the urban agreements that could have benefited the Northern Castellana District. It was during the mandate of the mayor of More Madrid when got "unblocked" the operation.
At the moment, the investigation of all the Ministers of Development is requested since Josep Borrell was in charge of the department. It was in 1993, during his tenure, when the public company RENFE, under Development, called a public contest "for the urban development of Chamartín". The call was won by Argentaria (which later merged with the BBV) and the construction company San José, along with other firms that were falling from the project. According to IU and Podemos in these 25 years there have been a series of modifications in the different contracts with the objective of favoring these private companies at the expense of the interests of the public treasury, reason in which they justify the current demand.
Half price land
Since the signing in the early nineties, the land affected by this contract has tripled. In the last contractual modification, the land object of the same has increased 87% with respect to the initial one (from 625,000 square meters to 1,167,022 square meters). The price has also been modified. The public company will finally sell at 769 euros for each square meter. It will mean an income of 984 million euros for the public manager of railway infrastructure for the 1.2 million square meters sold, which according to the plaintiffs it's half the market price whereby other lots have been sold in the same area.
In addition, the conditions of payment to the private company have been modified for the acquisition of land and building rights from 5 to 20 years. Urbanization and infrastructure costs to be carried out by the winning company have been reduced. It will mean – according to the applicants' estimates – a saving of 583 million euros for the Castellana Norte District (the amount goes from 1,924 to 1,341 million euros).
Likewise, the risk that DCN will have regarding the execution of urbanization and infrastructures has been limited "and it has been transferred to the Public Administrations, getting them to execute the works and establishing a maximum amount to be paid by the owners of lands, so that the Administrations assume the extra costs, "they affirm.
Another of the points denounced is that the resale of land and rights has been allowed "so that DUCH-DCN can finance with it and limit its risks by transferring them to third parties." As published by El Confidencial, BBVA he plans to sell Your participation in the operation.
As a result of these modifications, the Castellana Norte District, formerly DUCH, owned by BBVA and Constructora San José, expects to achieve an annual return of 17%. "That is, thanks to the modifications at the expense of the public treasury, a huge private business is going to be done," they explain. In the first contract, Renfe – then Adif – kept 53% of the benefits before taxes, a percentage that later dropped to 20% and was later eliminated in exchange for a fixed payment, and all without calling a new public contest, they emphasize.
"This disastrous business for Public Administrations could have been avoided," says the lawsuit. It would have been enough to terminate the contract, as I advised in 2001 a legal report from the public company Renfe itself. It warned of a "serious damage to public interests", detailed a long series of "serious breaches" by the bank and the construction company and considered breaking the contract and re-issue the concession to competition as the best formula to "preserve public interests."
Another of the issues that stand out is that according to them DUCH-DCN should have paid an IBI equivalent to about 4.3 million euros a year, but neither has paid it, nor has it been claimed. Therefore, they consider that "the breakdown of public funds of items that have a possible economic quantification would amount to at least 2,780 million euros." To this we must add elements that are currently difficult to quantify and that have led to modifications that could also lead to future losses.
Contract and Minister
|Benefits for the State (%)||Price (€ million)||Land sold||Total built||Detail|
Josep Borrell (PSOE)
|53%||134||625,000 m2||870,000 m2||It cannot be resold and compensation to former owners is paid by the construction company|
Rafael Árias Salgado (PP)
|20-50%||167||1,850,000 m2||1,125,000 m2||It cannot be resold and compensation to former owners is paid by the construction company|
Francisco Álvarez Cascos (PP)
|26%||210||1,952,844 m2||2,050,486 m2||It cannot be resold and compensation to former owners is paid by the construction company|
José Blanco (PSOE)
|0%||984||1,952,844 m2||2,060,257 m2||Possibility of reselling and compensation to former owners are paid by the State|
Ana Pastor (PP)
|0%||984||1,952,844 m2||2,060,257 m2||Possibility of reselling and compensation to former owners are paid by the State|
José Luis Ábalos (PSOE)
|0%||984||1,167,022 m2||1,485,304 m2||Open way to resell the land and compensation paid by the State|
Source: self made
The demand also refers to the publication last December in eldiario.es on the part of the documentation "that has allowed to see the economic breakdown for the public patrimony that the operation has supposed", and in which some of the data mentioned in the previous paragraphs are included.
Another of the elements that stand out is how one of the defendants, the now former DCN president Antonio Béjar allegedly gave the order to destroy a series of computing devices (specifically two hard drives and 19 CD media) last June, according to published El País. The National Court is investigating whether documentation related to the contracts between Commissioner Villarejo and BBVA was found in that material but according to DCN "the material has no relation to the case" and the process of document destruction is related to the publication in the newspaper. is from Minutes of a 2015 DCN council in which Béjar certified before his directors the "unquestionable advantages" that his company achieved at the expense of the State.
"Beyond the possible relationship on the part of the documentation destroyed with the Villarejo case and its relationship with BBVA and that the signatories of this document do not know what may have been the object of destruction in particular, it is clear that there is a relationship between the request and the publication of documentation in the face of the serious irregularities detected in Operation Chamartín and this action aimed at eliminating possible indications of criminal action by the company that would benefit from the advantages achieved by the Public Administrations, "the letter said.
Once the lawsuit is filed, the Anti-Corruption Prosecutor's Office must decide whether to open Investigative proceedings that could either result in the case file or in the presentation of an indictment in court.
The 28 reported
The plaintiffs designate as responsible eight Ministers of Development, two presidents of the Autonomous Community of Madrid, two mayors of Madrid, a councilor of Finance of the City of Madrid, four presidents and two CEOs of Renfe, five presidents of Adif, a president of the public company Canal de Isabel II, a president of BBVA and two presidents of the private company DUCH-DCN would be the signatories and responsible for the different legal instruments:
-Josep Borrell Fontelles (Minister of Public Works and Transportation 1991-1996)
-Rafael Arias Salgado (Minister of Development 1996-2000)
-Francisco Álvarez Cascos (Minister of Development 2000-2004)
-Magdalena Álvarez Arza (Minister of Development 2004-2009)
-José Blanco López (Minister of Development 2009-2011)
-Ana María Pastor Julián (Minister of Development 2011-2016)
-Íñigo Joaquín de la Serna Hernaiz (Minister of Development 2016-2018)
-José Luis Ábalos Meco (Minister of Development since 2018)
-Esperanza Aguirre Gil de Biedma (President of the Community of Madrid and signatory of the Urban Agreement 08.03 of 10/11/2011)
-Ignacio González González (President of the Community of Madrid and signatory of the modification Urban Agreement 08.03 of 10/11/2011 made in 2015)
-Alberto Ruiz Gallardón Jiménez (Mayor of Madrid and signatory Urban Agreement 08.03 of 10/11/2011)
-Ana Botella Serrano (Mayor of Madrid and signatory of the modification Urban Agreement 08.03 of 10/11/2011 made in 2015)
-Conception Dancausa (Councilor for Finance of the Madrid City Council)
-Salvador Victoria Bolívar (President of Canal de Isabel II and signatory of the modification Urban Agreement 08.03 of 10/11/2011 made in 2015)
-Miguel Corsini Freese (President of Renfe 1996-2004)
-José Salgueiro Carmona (President of Renfe 2004-2005)
-Teófilo Serrano Beltrán (President of Renfe Operadora and signatory of the Urban Agreement 08.03 of 10/11/2011)
-Pablo Vázquez Vega (President of Renfe Operator and signatory of the modification Urban Agreement 08.03 of 10/11/2011 made in 2015)
-Antonio González Marín (President of Adif 2005-2012)
-Enrique Verdeguer Puig (President of Adif 2012-2013)
-Gonzalo Jorge Ferre Moltó (President of Adif 2013-2016)
-Juan Bravo Rivera (President of Adif 2016-2018)
-Isabel Pardo de Vera (President of Adif 2018 today)
-Juan Antonio Villaronte Martínez (General Director of RENFE operations and signatory of the 1997 contract with DUCH-DCN)
-Ramón Escribano Méndez (General Director of Infrastructure at Renfe and signatory of the 2002 contract with DUCH-DCN)
-Francisco González Rodríguez (President Argentaria 1996-2000 and President BBVA 2000-2018)
-Antonio Béjar González (President of DUCH and signatory of the modification Urban Agreement 08.03 of 10/11/2011 made in 2015)
-Emilio Cebamanos Jarreta (President of DUCH and signatory of the Urban Agreement 08.03 of 10/11/2011)
. (tagsToTranslate) IU (t) We can (t) Anti-corruption (t) Operation (t) Chamartin