Annulled a sanction against the former police chief of Pontevedra who was dismissed for a sexist comment

He Superior Court of Justice of Madrid (TSJM) has annulled a sanction imposed against the former chief commissioner of the National Police of PontevedraEstíbaliz Palma, who was suddenly dismissed from her position in March 2022 after saying that “Some of them would like to be raped by a riot police officer.”

The Contentious-Administrative Chamber of the TSJM upholds the appeal filed against the imposition by the General Directorate of the Police of a sanction of suspension from duties for five daysfor committing a serious offense, since his words did not occur in an official act and were recorded without his knowledge.

Thus, although “the statements made by the appellant are proven and are undoubtedly, and as she herself acknowledges, unfortunate, the context in which they occurred cannot be ignored: It was not an official act, and today’s appellant was not acting on behalf of the position she then held,” according to the ruling.

Furthermore, if his statements “had greater significance when they were recorded without his knowledge and were disseminated in some media, “This was not due to one’s own conduct and intention.” of the former commissioner, but “independently of her actions, not being aware that the phrases she uttered were going to have greater significance.”

For this reason, the court considers that there was no “manifest” breach of her obligations and duties by the former police chief, as required by the Disciplinary Regime of the National Police Corps to classify a behavior as “serious misconduct.”

Apart from annulling the sanction imposed, the sentence establishes the reimbursement of the remuneration that had been deducted, plus the corresponding legal interest on said sum until your refund occurs.

Estíbaliz Palma was suddenly removed from her position after making public statements his in which, in relation to police work in Catalonia During the time of the ‘procés’, he stated that “some people would like to be raped by riot police.”

As stated in the sentence, the events occurred on March 11, 2022, in Vigo, at a tribute meal to an agent who had been seriously injured in an intervention during the riots against the ‘procés’ ruling, which was attended by about 40 people.

and its manifestations “They were widely disseminated in the media of communication at the local, regional and national level, since at that time he held the Head of the Provincial Commissioner of Pontevedra”.