The Contentious-Administrative Court Number 2 of Las Palmas has agreed to suspend the procedure for the protection of fundamental rights filed by the Councilor of the Cabildo, José Manuel Sosa, against the plenary agreement that acknowledged his expulsion from the political group to which he was attached.
As will be recalled, it was agreed by the councilors of CC applying an internal regulation of the aforementioned political group, of which there was no record in the Cabildo itself until June 2021, when it was provided by the spokesperson, Samuel Martín, to the secretary of the Cabildo to correct the defects that prevented the plenary from acknowledging the expulsion.
In an order dated June 14, the magistrate has upheld the request for suspension, which was presented by the defense of José Manuel Sosa after the admission to processing by the Investigating Court Number 2 of Arrecife of his complaint for the alleged falsification of the document that was used as a regulatory basis to expel him, also denouncing the commission of a crime against his fundamental rights.
The Cabildo and the Public Prosecutor's Office also adhered to the request for "criminal prejudice", the existence of a question that must be resolved by the criminal court as it is essential to resolve the legality of said expulsion. The Prosecutor's Office argued that, "in the criminal proceedings Preliminary Proceedings 1359/2021, which are being followed in the Investigating Court Number 2 of Arrecife, with the intervening parties Pedro San Ginés Gutiérrez and Juan Manuel Sosa Rodríguez, the object of investigation is extended for an alleged crime of document forgery in relation to the Regulations of the Political Group of the Canarian Coalition in the Cabildo of Lanzarote that could have repercussions in the procedure before the contentious-administrative jurisdiction that is followed before this judicial body".
Thus, given the ongoing investigation before the criminal jurisdiction, the prosecutor concludes that "we are facing a special procedure for the protection of fundamental rights of the person, in which the possible violation of fundamental rights recognized in article 23 of the CE is alleged".
He also alleges that "a criminal proceeding for an alleged crime of forgery in a public document in conjunction with a crime, committed by a public official against individual rights, in which facts are being investigated that could affect those that underlie the claim in this proceeding, so it is clear that there is a connection between the two cases, so that what is resolved in the criminal proceeding may be decisive in this proceeding". Therefore, in accordance with the aforementioned precepts, "we consider that it is appropriate to suspend the present proceeding until a final resolution is issued in that proceeding".
Thus, the administrative judge considers it "essential" that the regulation of the Political Group of CC-PNC that was used to expel Sosa is valid, because otherwise, if it were "false" - as Sosa has denounced - his fundamental right to political participation enshrined in article 23 of the Constitution would have been violated.
With this resolution, the contentious-administrative appeal against the plenary agreement that acknowledged his expulsion is suspended until a final resolution is issued in the criminal jurisdiction on the crimes for which all the councilors of C are currently being investigated. These are summoned by the Investigating Court to take their statement in relation to these facts, next Monday, June 20.
Finally, it should be noted that while the criminal prejudice is resolved and the possible falsity of the regulation provided by the Canarian Coalition is definitively determined, Councilor Juan Manuel Sosa will continue to enjoy all his rights as his expulsion has been suspended on a precautionary basis.
