Citizen Alternative, represented by Andrés Barreto, has submitted a document to the Prosecutor's Office considering that "there could be a crime of prevarication by action in one case and by willful omission in another", in the granting of the municipal license that authorized the construction of an underground parking lot in the Canary Islands park, in Arrecife, declared illegal by the Justice System.
For Alternativa, this crime could have been committed by the Arrecife Government Commission in 2002, presided over by María Isabel Déniz as mayor, and her delegated councilor, as well as the government groups that have been in charge of the City Council from 2008 to 2012. The document has an entry record of February 1 and the formation has attached a total of "700 documents related to the license granting process".
Citizen Alternative considers, specifically, that these alleged crimes of prevarication could have been committed by both the Government Commission of the Arrecife City Council, which governed on the date of May 6, 2002, and the delegated councilor, the incumbent secretary or the secretaries acting in this license granting process, as well as the construction and operating company of the Canary Islands parking lot. This political party has explained that it was this Commission that "agreed to grant a license authorizing the construction" of the parking lot and that it was "by resolution of the delegated councilor".
In this Government Commission in 2002, the then mayor, María Isabel Déniz, and the councilors María Dolores Curbelo, Manuel Rafael Pérez, Nuria Cabrera, Carmelo García Déniz, Andrés Fuentes, Florián Corujo Tejera were present, and the secretary was Felipe Fernández Camero. The councilor Juan Santana Delgado did not attend this session, according to the minutes.
But, in addition, the formation also considers that "there could be a crime of prevarication by omission or non-compliance of the execution of the sentence ruling" by the Arrecife City Council. "It tried with legal arguments to delay its compliance and tried to legalize what is illegal by final judgment." Therefore, Alternativa believes that "there is also manifest responsibility of the government groups that have governed from January 2008 to 2012". During this time, PSOE-PIL, PP-PNL-PIL and, finally, PP-PSOE have governed.
Alternativa now intends that the Prosecutor's Office initiate the corresponding informative file and that, "in accordance with the provisions of current legislation on urban planning infringement by prevarication", demand "criminal, political and patrimonial responsibilities".
"Knowing that the license was null"
The formation has indicated in this document addressed to the Prosecutor's Office that "all the actions carried out in the granting of the aforementioned license for the underground parking lot of the Canary Islands park were carried out knowing that the aforementioned license was null and void, since they had full knowledge from the moment the decision was made that what was being carried out implied a change of use not only in terms of the surface, but also the subsoil". "The pertinent legal procedures were not carried out", the party has indicated.
Alternativa has recalled that public complaints were filed with the City Council against the agreements authorizing the license by the César Manrique Foundation, social groups on the island and citizens at a particular level. Precisely the complaint of the César Manrique Foundation ended up in the Superior Court of Justice of the Canary Islands (TSJC), which annulled the agreement of the Government Commission of Arrecife by which the license was granted to the Canary Islands parking lot.
"Clear and pure urban planning infringement"
Alternativa considers that "there is not only a clear and pure urban planning infringement when granting a license for the construction of an underground parking lot when they had full knowledge that a change of use was being carried out, without modifying the General Plan, as well as the granting of public roads for the same purpose".
"This can lead to disastrous consequences for the municipal coffers, having to restore the violated public space, with serious repercussions for the citizens of Arrecife, who will ultimately bear the cost of it", the formation has warned in its document presented to the Prosecutor's Office. In addition, it has requested that "the sentence be executed and the ruling contained therein be carried out fully and duly".
