Tuesday, March 21

The Judiciary expels Judge Salvador Alba from the race 99 days after his sentence to six and a half years in prison

Ninety-nine days after the Supreme Court confirmed the sentence that sentenced Judge Salvador Alba Mesa to six and a half years in prison, the General Council of the Judiciary (CGPJ) has proceeded to expel him. Its Permanent Commission agreed this Thursday after a file that began to be processed on January 13 and to which the corrupt judge has not even presented allegations. The Public Prosecutor and the Criminal Chamber of the Superior Court of Justice of the Canary Islands (TSJC), which sentenced him in the first instance in September 2019, told the CGPJ Disciplinary Commission that the expulsion should have been automatic in application of article 379 of the Organic Law of the Judiciary that provides for it for judges and magistrates who have been finally convicted of intentional crimes.

The sentence, final since it was notified to the parties on November 25, 2021, makes it abundantly clear, however: Salvador Alba is sentenced to the penalty of “definitive loss of the position he holds and the honors that are due to him.” annexed, as well as the inability to obtain during the time of the sentence any employment or position with jurisdictional or government functions within the Judicial Power, or with jurisdictional functions outside of it.

Salvador Alba Mesa was sentenced to six and a half years in prison and 18 years of disqualification, as well as a fine of 12,150 euros, for having conspired from his position as magistrate against fellow magistrate Victoria Rosell, current Government delegate against Gender Violence , which will have to be compensated with 60,000 euros.

During these months he has deployed a battery of writings, resources and legal arguments to avoid both prison sentences and those of an economic nature.

Alba is currently free after having already drawn two ten-day terms granted by the Superior Court of Justice of the Canary Islands to voluntarily enter prison. His last extension was obtained by alleging that he suffers from a sudden illness -which was actually detected on November 25, according to his own certificates-, an illness that would prevent him from traveling by plane, and therefore, from traveling by air to one of the five Spanish prisons -all on the Peninsula- capable of accommodating police personnel, prison officials or justice personnel in special modules. Finally, he has argued before the TSJC that he has to be treated with medications that could not be administered in prison, which has led to a new judicial request to the Institute of Legal Medicine of Las Palmas to examine the medical history or the patient himself to verify that what he alleges prevents him from serving his prison sentence.

In the economic field, he has asked the court to reduce the 27-month fine to which he was sentenced from 15 to 2 euros per day, just the minimum provided for in the law, designed for indigent people. In addition, he has requested that the resulting 1,620 euros be paid in installments. The court has been forced to order a property investigation of the convicted person to verify that the economic situation that he alleges makes it impossible for him to pay that fine of 12,150 euros. The compensation to his victim, Victoria Rosell, had to be paid by the insurer Allianz, which secured him in the investigation phase with the 85,000 euros set as civil liability by the investigating magistrate, Margarita Varona.

As soon as the CGPJ notifies the expulsion of Salvador Alba to the Habilitation service of the Ministry of Justice in an unknown period, the convicted person will stop receiving the salary of 1,850 euros per month that he has been receiving since he was provisionally suspended in July 2018. In application of the rules that govern these cases, you should return everything collected, but it will be the Ministry of Finance that claims it. He will also cease to be part of the Mutualidad General Judicial (Mugeju), so that the health coverage to which he will be entitled will be that of the general Social Security regime by way of his inmate status.

The Judiciary, aware of Salvador Alba’s abilities to hide, has delegated to the TSJ of the Canary Islands the task of notifying him of his expulsion.