This is stated in the document issued in which the Prosecutor’s Office requests the dismissal of the appeal presented by the works council of the IASS and the Assembly of Workers of the Canary Islands (ATC) against the order of the Court of Instruction No. 4 of Santa Cruz de Tenerife, which filed the complaint a month ago.
The third vice president and insular counselor of Social Action, Marian Franquethas reiterated that both the complaint and the appeal presented “with the sole objective of stopping the management, go directly against the interests of the residents of Febles Campos, who are the main victims of all this and those who should already being able to be in a decent place where they can be treated with the requirements they need”.
According to the text of the Prosecutor’s Office, “we show our total agreement with the order now challenged by understanding that the facts reported at first are not compatible with the existence of any criminal offense. In this sense, we must begin by pointing out that in At present, there is still no contract between the Cabildo de Tenerife/IASS and CLECE in relation to the transfer of users from the Febles Campos Hospital to the La Laguna Seminary, so in terms of administrative prevarication, we understand that it is impossible to commit it without before having proceeded to award any contract that was the object of the process”.
Likewise, the Prosecutor’s Office understands that the argument of the non-existence of criminal offense is more reinforced, by understanding that “the IASS could have processed the contract without any type of procedure, neither publication nor previous reports”.
However, he acknowledges, “we have a procedure that has been tried to publish as much as possible according to the witnesses themselves, without the need or legal obligation to do so in this way, together with the idea that there is no administrative resolution yet, much less that said resolution is arbitrary. In this way, the basic and necessary elements for the possible commission of a crime of administrative prevarication are missing”.
The text of the Prosecutor’s Office also refers to the “almost total absence of buildings that meet the necessary characteristics to carry out in optimal conditions the transfer of users of the Febles Campos Hospital and the Ofra Home for the Elderly.”
For this reason, it considers that the existing negotiations with CLECE in relation to the transfer of users “was carried out after learning of the absence of another building that could minimally meet the current needs of the aforementioned centers.”