The Standing Committee of the General Council of the Judiciary has agreed this Thursday to declare the loss of the status of magistrate of Salvador Alba Mesa, holder of a position in the Provincial Court of Las Palmas de Gran Canaria, in application of the provisions of the Organic Law of the Judiciary, which establishes that the status of judge or magistrate will be lost, among other causes, "by conviction to a sentence of imprisonment for intentional crime."
Alba was convicted as the author of a crime of judicial prevarication in medial competition with a crime of bribery and a crime of forgery in a public document to penalties totaling six years and six months in prison, with definitive loss of office and the honors attached thereto, as well as disqualification from obtaining during the term of the sentence any employment or position with jurisdictional or governmental functions within the Judiciary or with jurisdictional functions outside it.
The conviction was handed down on September 10, 2019 by the Civil and Criminal Chamber of the Superior Court of Justice of the Canary Islands and confirmed on November 25, 2021 by the Second Chamber of the Supreme Court, although Alba is still trying to evade his imprisonment. However, the procedure in the CGPJ to formalize his expulsion from the judicial career has already been resolved.
No allegations from Alba
On January 13, the Standing Committee agreed to initiate proceedings for the loss of Alba's status as a magistrate and, as provided for in the LOPJ, forwarded its agreement to the Public Prosecutor's Office and to the Governing Chamber of the Superior Court of Justice of the Canary Islands so that they could issue a report, as well as to the person concerned so that he could allege whatever was convenient to his right.
Both the Governing Chamber of the TSJC and the Prosecutor's Office concluded that the loss of the status of magistrate was appropriate. As for Alba, he was notified on February 1 and had ten days to allege, but a month later he has not submitted any written statement.
Salvador Alba Mesa was in the administrative situation of provisional suspension of functions since July 19, 2018 by agreement of the Standing Committee, as a consequence of having been issued against him an order for the opening of oral trial.
An administrative appeal may be filed against the agreement approved this Thursday before the Third Chamber of the Supreme Court.
