The controversial association of jurists Jiménez de Asúa has once again been ordered to pay the costs of a judicial procedure, this time after seeing its attempt to have precautionary measures adopted against Transparencia Urbanística rejected, which has been involved for years and is a complainant in various corruption cases open in Lanzarote. "This judge warns of the irreparable damage that the adoption of the precautionary measure could entail for the defendant association, which could not act in judicial and administrative activities," states the head of the Court of First Instance Number 1 of Arrecife, in the order in which she fully dismisses AJJA's claim.
And what this association was asking for is that Transparencia Urbanística be dissolved as a precautionary measure, alleging alleged irregularities in its operation that it has not been able to demonstrate. In this regard, the magistrate also warns that it would be in the processes in which TU is involved as a popular accusation "where it should be analyzed whether it can act with legitimacy or not". Precisely in those processes, the legitimacy that has been questioned is that of the association of jurists Jiménez de Asúa.
In fact, it has been prevented from appearing in several cases, among other things, due to doubts about its aims and objectives. And in the procedures in which it has managed to enter, it has been accused of trying to "delay them" and has also been ordered to pay a fine for acting in "bad faith", when it tried to remove Judge Silvia Muñoz from the investigation of the Unión case.
The judge questions the "legitimation" of AJJA
In its response to AJJA's lawsuit, Transparencia Urbanística already referred to how "useful" the plaintiff association has been so far "to the interests of Luis Lleó, Juan Francisco Rosa, Felipe Fernández Camero" and other defendants and accused in corruption cases. And it is that although this association of jurists has supposedly tried to exercise the popular accusation in those procedures, its main steps have been aimed at trying to remove the investigating judge from the Unión case and to file a complaint against the magistrate who initiated that case, César Romero Parampacuatro, which was not even admitted for processing. In addition, the association of jurists itself was not formally registered when it began to try to appear in various cases open in Lanzarote.
"This judge fails to see the damage that the continuation of the activity of the Transparencia Urbanística association can cause to the plaintiff association," the judge argues when rejecting the precautionary measures requested by AJJA. In addition, she adds that she also raises "the legitimacy" that she has "to resolve the legality or not of another association of the same nature, a question that should be assessed in the main procedure", when the merits of the lawsuit filed by the association of jurists are resolved.
But for the moment, when analyzing the request for precautionary measures, the judge already anticipates that the documentary evidence provided is "insufficient" to prove the "appearance of good law" in the request. For its part, Transparencia Urbanística responded to that lawsuit stating that it is based on "entirely superfluous" considerations about the internal functioning of the association and that "they completely lack substance".
"The audacity and recklessness of questioning" a sick leave
In the hearing on precautionary measures, held last July, AJJA accused Transparencia Urbanística of failing to comply with up to 70 legal precepts, although it did not detail them in its lawsuit. In fact, it focuses mainly on the fact that Transparencia Urbanística maintained an acting president for longer than its internal statutes allow. And the reason was that the then president, María Hernández Martí, was on sick leave. In its response, Transparencia Urbanística questioned that AJJA "commits the audacity and recklessness of questioning" that situation of temporary sick leave of its former president –due to a tumor in the nervous system-, going so far as to argue that the person who replaced her "usurped her functions".
In addition, it also emphasized that its "approaches" were "similar" to those held by the commercial company Desarrollos y Proyectos Playa Blanca S.L., whose legal representative is Wigberto Del Carmelo Ramos Lleó, who questioned the legitimacy of Transparencia Urbanística to file an appeal against the final approval of the Yaiza General Plan, also alleging the interim situation of the president due to the illness of his predecessor in office. And the president of TU also warned that they had "evidence" that the lawyer Juana María Fernández de las Heras, daughter of Felipe Fernández Camero, had been "investigating the Registry of Associations of the Canary Islands", requesting data on the association.
Thus, he concluded that the controversial association of jurists -established in 2015 in Gran Canaria, coinciding with the outbreak of judicial cases in Lanzarote-, was based on facts that "are extraordinarily frequent in the life of associations", to try to remove Transparencia Urbanística from the judicial cases in which it is involved – such as the Unión case and the Stratvs case-, filing a lawsuit that lacks "technical legal rigor, containing totally absurd statements", as well as errors and "legal defects". He even went so far as to state that it was prepared "through a crude copy and paste of texts obtained through an internet search, whose results have not been properly filtered, becoming a mess that causes embarrassment due to its lack of seriousness and professional rigor".
