The High Court of Justice of Catalonia (TSJC) has overturned a disciplinary sanction imposed by Salou Town Council on a Local Police officer. The court found errors in the disciplinary proceedings, annulling a two-month and eight-day suspension from duty and pay.
The TSJC's ruling revokes an earlier decision by Tarragona's Administrative Court number 1, which had upheld the council's action. The high court's decision means the officer's suspension is now invalid.
The case dates back to 5 March 2018, when a police supervisor ordered the officer to conduct an administrative surveillance duty at the municipal market, alone and on foot. The officer stated she was afraid to patrol alone and requested to perform the duty in a vehicle or with another officer.
Following this incident, police management considered that a direct order had been disobeyed. A disciplinary process began, ending in a sanction for a serious offence of disobedience, as outlined in Catalonia's local police law.
Defence Arguments and Initial Ruling
Salou Town Council maintained that the order was clear, legitimate, and a standard part of police operations. The council also argued that this type of surveillance is typically carried out individually and that security protocols at the time did not prevent solo patrols.
The officer appealed the sanction, stating she suffered from anxiety problems known to the administration. She claimed the incident led to a panic attack, resulting in medical leave.
Initially, Tarragona's Administrative Court number 1 sided with the Town Council. Its judgment found that a refusal to comply with the order had occurred and considered the sanction sufficiently justified and proportionate.
TSJC Identifies Procedural Flaws
The TSJC, however, reached a different conclusion. The court did not rule on whether disobedience actually occurred, but focused its analysis on how the disciplinary process was handled.
Magistrates found that basic defence guarantees were not properly respected during the procedure. Specifically, the judgment noted that the officer requested several witness statements she considered important to explain the events, but these were not taken.
Those whose statements were requested included police commanders, municipal officials, and a colleague who was with her on the day of the incident and later accompanied her to a medical centre.
Limitations on Defence
The tribunal also highlighted that some statements included in the file were taken without the officer being present or able to ask questions. According to the ruling, this limited her ability to defend herself correctly.
Furthermore, the TSJC identified defects in how the alleged infraction was described within the sanctioning procedure. The court considered that the exact conduct classified as a serious offence was not sufficiently specified.
Because of these issues, the court concluded that the right to defence had been violated. It agreed to annul both the sanction and the disciplinary file from which it originated. This decision also invalidates the financial and administrative consequences linked to the suspension.
Salou Town Council stated it acts "always with the utmost respect for current legality and judicial resolutions". The council noted that the file was processed through the competent bodies for the coordination of local police in Catalonia. It also stressed that, in the first instance, the justice system supported the municipal criteria.
The local government added that it accepts the judgment "as it must, within the framework of a state of law". It also emphasised its commitment "to the proper functioning of public services, respect for the chain of command within security forces, and the full guarantee of the rights of all public workers."
