The Reparos case remains active. The Provincial Court of Santa Cruz de Tenerife has revived the case involving current president of the Government of the Canary Islands, Fernando Clavijo (CC), during his tenure as mayor of La Laguna. However, this revival only pertains to the other individuals investigated, councilors, and officials of the La Laguna City Council, after the Supreme Court filed a separate piece that affected the then-senator Clavijo in March 2023.
The Second Section reconsidered an appeal filed by former councilor Santiago Pérez (PSOE) against the order of the Court of Instruction number 4 of La Laguna, which in April 2023 extended the provisional dismissal of the case to all those investigated based on the Supreme Court’s file regarding the actions of Fernando Clavijo, current president of the Canary Islands Government.
Consequently, the previous order dated April 9, 2023, has been overturned, and a new resolution has been mandated “to either archive the proceedings or continue with respect to the alleged crimes [embezzlement and public funds] against those being investigated as per the terms established in this resolution.”
Therefore, the case has been revived for former mayor José Alberto Díaz Domínguez (CC), former councilors Atteneri Falero, Aymara Calero, Agustín Hernández (CC), Mónica Martín, and Javier Abreu (PSOE), as well as three other municipal officials – Asier Amador, Rosa Ana García, and Carlos Gómez – who will continue to be prosecuted pending further resolution.
In the January 23 order, delivered by Judge Esther Nereida García Afonso, the judges stated that the judicial body of La Laguna should pass a separate and reasoned judgment on the existence of criminal liability concerning the conduct attributed to each of the individuals under investigation. The order emphasizes that automatically accepting the criteria of the Supreme Court regarding Clavijo’s actions without specifying its applicability to this case is insufficient to warrant an archival decision.
The Reparos case, brought to light by former councilor of Avante Laguna Santiago Pérez in 2018, involves alleged irregularities committed by the government group led by Fernando Clavijo via 48 decrees issued by the Mayor’s Office between March 2015 and February 2017, raising objections from the General Intervention allowing private companies to continue managing municipal services after the expiry of contracts.
In 2019, following Fernando Clavijo’s loss in the regional elections, his party appointed him senator for the Autonomous Community, leading to a separate investigation initiated by the Supreme Court. The Court’s Second Chamber, presided over by Manuel Marchena, decided to dismiss the case citing a lack of evidence of crimes on Clavijo’s part. Subsequently, the investigating court, number 4 of La Laguna, extended this dismissal to all those being investigated without proper justification, a decision now corrected by the Court.
