They will not immediately vacate the camp in Sol, after justice rejected Ayuso's request
The High Court of Justice of Madrid (TSJM) has rejected the precautionary measures requested by the Government of the Community of Madrid, and has also requested the Government Delegate in Madrid to present a written statement of allegations and reasons on Wednesday (before 9 a.m.).
Camping in Sol, Madrid. Stock Photo: EFE
The High Court of Justice of Madrid (TSJM) has rejected the request for the immediate eviction of the camping camp in the Plaza del Sol in favour of the right to housing Enternational Government Delegation in Madrid, in response to the request made last week by the President of the Community of Madrid, Isabel Díaz Ayuso.
In the order issued on Monday, he states that, although there are "circumstances of special necessity," it cannot be fully adopted "without hearing the General Administration of the State."
Without going into the substance of the matter, the court has taken into account the "possible impact of the right of assembly of truly camped persons "and the" irreversibility of the consequences "of the eviction requested by the Government of Madrid, considering that if the security forces did not agree to leave the camp, they could use" physical coercion measures ".
The judges consider that, since the eviction has a "real possibility" of taking these measures of "physical coercion of camped persons", itis necessary to take into account the criteria, allegations and reasons of the Government Delegation, although it shortens the deadline for the submission of the letter to next Wednesday at 9 a.m. "in the light of the specific circumstances".
His arguments also refer to the need to ensure that activities such as the one requested, such as eviction, are proportionate and refer to the security law, which provides that measures to intervene in meetings and demonstrations to maintain or restore public security shall be "gradual and proportionate", since "dissolution of meetings and demonstrations shall be the last resort".
The Community of Madrid lodged this appeal after sending a request to the government delegate in Madrid, Francisco Martín, in which he reproached him for "doing nothing" and gave him 48 hours to leave the square.
The government representative replied that "activities were being carried out as appropriate" and that the camp "fully respects the legal system".