The acquittal of a Civil Guard colonel associated with drug traffickers makes the Supreme Court blush

The acquittal of a Civil Guard colonel associated with drug traffickers makes the Supreme Court blush


An agent from the Motril Customs Surveillance Service (SVA), next to a cache of hashish.

© Unidad Editorial, SA
An agent from the Motril Customs Surveillance Service (SVA), next to a cache of hashish.

The acquittal of former colonel from Civi Guardl Francisco G. S., tried for drug trafficking and bribery at the Granada Court, left amazed almost everyone and has caused a blush in the Supreme Court. How was it possible that in the proven facts of the sentence it was recognized that associated with some narcos and facilitated the entry of three cache of hashish from Morocco and was totally exonerated? Now him Supreme court, in a sentence known this Tuesday, has annulled that controversial acquittal of the Second Section of the Granada Hearing and has ordered that the case return to the moment of the deliberation of the Granada magistrates after the trial and rewrite the sentence. It does not save qualifiers against a failure, which lacks “all logic and rationality” and causes “blush”. The High Court’s ruling is devastating. Ensures that the proven facts are “scandalous” and they are of a “extraordinary gravity”, since the ex-colonel was the person in charge of the fight against drugs. Francisco GS was the Commander Chief of the Judicial Police and Information of the Civil Guard of Granada in 2005 and 2006, when the events took place. Despite this, he agreed with some drug traffickers to introduce two stash of 2,000-kilo hashish would impede the performance of his subordinates and he would make sure that the drug was ready for distribution and sale, as the court ruling declared proven. They also agreed a third drug delivery of “little entity”, destined to be apprehended by the Civil Guard, “in order to justify the two previous phases in which hashish from Morocco would be allowed to enter”, as the proven facts also indicate. “In execution” of the plan designed between the months of February to March 2006, a boat arrived and managed to introduce “an undetermined amount of bales, which are taken to an unidentified place. The civil Guard, present at the landing, does not act by orders of the accused “, picks up the decision of the Hearing. That drug was never recovered. Subsequently, there was a second stash, which was not detected by the Civil Guard, although the former colonel indicated to his subordinates and to the head of Customs Surveillance “that the second phase of the operation had also been carried out.” This hash was also not located.

Almost four tons of hashish

The third phase of the plan drawn up by the then Civil Guard command with the drug traffickers was carried out on May 2, 2006. Then, 3,986 kilos of hashish intervened, “without arrests, nor will the names of the participants in the landing appear in the report. “Some fled in the boats in which the drugs were transported, but there was a narco who came to transport the hashish in his vehicle, drove behind the commander and then fled To absolve Francisco GS, the Court argued that the weight of the first two drug landings that managed to enter the coast of Granada had not been credited. “Consequently, it is not possible to apply the special rate of special gravity and crime would be prescribed“, says the sentence. Both the Prosecutor’s Office and the Unified Association of Civil Guards (AUGC), which is in the case as a popular accusation, asked that the crime against public health be considered “extremely serious”, something that depends on the amount of substance trafficked. The judges of Granada indicate that this aggravating factor should be applied when the amount of substance “notably exceeds that considered to be of notorious importance”, without going into figures. If this had been the case, the period for the prescription of the crime would have been 10 years and then the colonel could have been convicted. Regarding the third drug landing that was intercepted, the Court says that “it is not typical of the crime against public health because his destination was not traffic, but to be intercepted by the Civil Guard, according to the existing pact “and plan drawn up by the police command, indicates the Hearing.” Consequently, there was no intention to favor the illegal consumption of narcotic substances, “the Hearing ditch in its acquittal. For the Supreme Court, this argument “it is not logical”. A logical construction “would lead us to the conclusion” that, if almost four tons were intercepted in the third operation, in the other two, in which the defendant “arranged” with the drug traffickers, the amount would be “significantly higher.” “It causes a certain embarrassment to declare proven that the third drug delivery was a ‘gift’ to the state, from which he could never obtain benefit, in the case of conduct framed in a trafficking operation, therefore, in favor of it “, says the Supreme Court ruling. The former colonel was also tried for bribery, accused of receiving 120,000 euros of the drug traffickers. The Court acquitted him for the “poor credibility” of the testimonies that incriminated him, but the Supreme Court now says that this conclusion “is not logical either” and requires “an argumentative effort greater than the lack of credibility.” Now, the Hearing must issue a new sentence.

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