Gran Canaria’s judiciary chief says eviction followed the law

The President of the High Court of Justice of the Canary Islands (TSJC), Juan Avello, stated on Thursday that the legal process leading to the eviction this week of the woman and her two children from the property on Pedro Hidalgo, in Las Palmas de Gran Canaria, was carried out in «strict» accordance with the law.

Speaking to journalists, Avello pointed out, in any case, that judges are impartial and independent, and reiterated that, as President of the TSJC, he «is nobody’s boss», in response to criticism from the ‚Derecho al Techo‘ group and the City Council directed at the judicial committee that carried out the eviction that day, for failing to act on the local authority’s vulnerability report to halt the eviction.

Avello explained that the owner of the property had brought an application for judicial protection, based on a tenancy agreement, which was terminated by a final judgement with all the necessary safeguards.

TSJC: Final judgements must be enforced

The President of the TSJC has emphasised that, in a state governed by the rule of law, judgements must be enforced; therefore, if the judge considered that the vulnerability report was not necessary or that it was not the right time to submit it, a detail of which he is unaware, and «went ahead with the eviction, it was because she was legally obliged to do so».

He emphasised that a judge is always ‚in the middle‘ and must apply and interpret the laws enacted by the legislature.

In any case, he has stated that «there is no judge in the Canary Islands or in Spain who would willingly wake up with the intention of evicting someone from their home, nor is it an easy decision».

Eviction requires a balance to be struck between the landlord and the tenant

This is a conflict of interest between the owner, who wishes to reclaim his house, and a person who does not want to leave it; and it is up to the judge to resolve this conflict and assess the situation in accordance with current legislation, he said.

He also stated that a court order can be complied with voluntarily and, if this does not happen, coercive measures are resorted to, as provided for by law, «and the law applies to us all, the landlord and the tenant», which is how the rule of law normally operates.

«And the fact that citizens know the laws are enforced, regardless, in inverted commas, of social pressure or the circumstances that may arise in each specific case, is a guarantee and a source of reassurance for everyone,» he emphasised.

TSJC President warns against making decisions under social pressure

He also pointed out that enforcement measures are taken every day, not only in eviction cases but also in other situations such as non-payment, where bank accounts are seized, «because we live in a state governed by the rule of law», he insisted.

According to Avello, «it would be very unfair for decisions to be taken under pressure or in certain circumstances».

The President of the TSJC has stated that it is necessary to «reassure the public», and that what happened to that family was in accordance with the normal procedures of the rule of law, and that assurances were given that the decision taken was in accordance with the law.