The Interior Ministry has shielded the retirement of one of the policemen convicted for the case of ETA tip just as should be expelled. Specifically, the Directorate General of Police has given its approval to the request to move to retirement status requested by the inspector José María Ballesteros. This agent was the one who delivered the mobile phone Joseba Elosua, owner of Pheasant bar, where he warned that police action would occur against the framework ETA’s extortion.
The tip-off came on 4 May 2006, when Zapatero’s government was in the process of dialogue with ETA and the day the then leader of the PNV, Josu Jon Imaz , was to clothe the President of the Government in these efforts .
This inspector presented the July 20 letter of 11 pages before the Ministry of Justice . A clemency petition in which he acknowledged the facts and claimed that the chief of police of the Basque Country never explained that management was entrusted to him to give breath to ETA .
“I was just following a police task, the order of a superior, not only of a superior, but the chief of police of the Basque Country, but of course without any knowledge of the role,” said José María Ballesteros in your letter of 11 folios. Defending the police asked the High Court to stay the execution of the sentence until the government decision on clemency.
According to police sources explained, Ballesteros “caused low medical service” the next day to submit written on Justice, on July 21; 11 days after the Supreme ratified his sentence. Ballesteros is assigned to the Police Headquarters of La Rioja .
A week later, 28 of the same month, he gave an instance in the General Register of Police requesting the opening of a procedure for retirement “permanent disability” . He contributed several medical reports. The next day, his body entered in the register of Division of Police Personnel , competent to deal with such applications area.
From that point, according to sources familiar with the process explained, began proceedings to review the application. Copies of medical reports provided by the inspector were sent.
The next day, 30 day, with remarkable speed, the inspector was received by the medical board had to evaluate the reports submitted and contrast them with their health. That same day, the court ruled “the total inability to perform the functions in the Police National ” this official said.
On 1 August, the “proposed retirement” and managed. Those responsible for the decision were based on the law on public employee and decrees on State servents.
On August 4, the decision of the medical board came to the Police Headquarters of La Rioja , which was received by the inspector concerned. This, after failing to make an objection, referred it to the Chief of Police Personnel, where he arrived on August 8.
Four days later, on August 12, the chief of the Personnel Division signed the resolution that the state retirement Ballesteros “permanent disability” was awarded.
In less than a month, Ballesteros went from low to retiree medical. Record time, according to police sources explained that understand this process, in most cases, it takes a much slower rate. They are surprised that this speed also has been carried out in the summer.
Some sources close to the process suggest the possibility that low Ballesteros cause at the time he was informed of the final judgment by the Supreme Court .
The High Court upheld the July 10 conviction by the High Court against the two officials for the crime of revealing secrets. They were sentenced to a year and a half in prison (not fulfilled by not having background) and four-year ban. This last sentence involved the immediate expulsion of the Police Corps after the judgment was signed, circumstances that occurred and said July 10 last.
However, sources in the Directorate General explained that this judgment has not yet been notified, which means that the National Police has officially unaccredited finality of the judgment.
However, the High Court ruling came a month ago. After learning from the Home Office, it was reported that the department heads Jorge Fernandez Diaz comply with current legislation affecting the consequences rigged to offenses and penalties in incurred by Servants of the Forces of State Security.
Your conduct is regulated by the Law on Disciplinary Regime of the National Police, 2010, the Penal Code and the Basic Statute of Public Employees, which states that “the principal penalty or of disqualification when any become final judgment that imposes, resulting in loss of official status. ”
The sentence means disqualification and the immediate expulsion from the body of the agents, although it is necessary that the judgment becomes final. Firmness was produced in the same time is notified.
The fact of having been convicted by a final judgment of a criminal offense is classified as very serious and severe in the disciplinary system failure. It will be very serious when the illegal is related to the service or cause serious harm to the administration or people, and will have serious nature in other cases.
“When firm because they have exhausted the remedies to which they are entitled stakeholders and exercising, when that decision is final and we been notified, will be fulfilled. Until that time comes we will not to make any decisions at the Ministry, “said Interior Minister following the judgment of the High Court.
The decision of Interior occurs after Ballesteros, during the entire investigation and trial had denied having given the phone to the pheasant business this May 4, 2006, admitting finally that yes there was been him.
As close to the defenses of the damned, they are both opened the door to apply for this retirement before the Supreme give firmness to the sentence sources. Only Ballesteros, who took a radical turn in his line of defense, opted for this route. Enrique Pamies refused to apply.
The retirement policemen involved in legal proceedings before the off final judgments is not new. In fact, it was a tool widely criticized by the police in finding that it had become a political mechanism to help related.
In 2007, the Ministry of Interior granted retirement to another commissioner who was convicted to arrest two members of the PP to which he accused of trying to attack the it was defense minister José Bono , following a demonstration by victims of terrorism. Justice at first instance sentenced him to four years in prison for illegal detention, considering that there was no basis for it. Before the sentence was firm, the commissioner was retired on the same grounds that have now been used to retire Ballesteros. Psychophysical alteration
Dignity and Justice, the association led by Daniel Porter, became hammer the accuser in this case. The tireless work of his legal team, led by Vanessa Santiago, enabled progress on many occasions when the road is filled with obstacles. So, because he knows all these obstacles, Porter showed yesterday was not too surprised by the decision of the Court. “It seems to me that the General Directorate of Police should have avoided the retirement of an officer convicted of such a serious and painful for the victims of the terrorism issue,” he told WORLD. “It aims to wash the name of the police in such hazardous committed in times of Rodríguez Zapatero business.” Porter said Dignity and Justice learned of this initiative by the police through lawyer Ballesteros; “But I never thought it could materialize because it is a way to avoid the expulsion of the Police force, since he is retired.” “The amazing thing is that a PP government has been given to these rinses do not show more than the PSOE moved the ball negotiation with ETA to a PP we think attending a poisoned heritage, but it is clear that it is much more” ended.
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