Cop who saved young woman's life in Spain is 500 euros out of pocket after bravery medal claim rejected
A top court has ordered the National Police officer to pay the legal costs arriving from the proceedings after being denied the 'Cruz al Mérito Policial' for his actions in May 2023
A National Police officer who risked his own life to save the life of a 19-year-old girl who had intended to jump from the Cerro de Santa Catalina in Gijón (Asturias) has ended up having to pay 500 euros after his bravery medal request was rejected by the TSJA High Court of Justice in Asturias.
The officer managed to pull the girl to safety and stop her from taking her own life. However, when he nominated himself to receive the 'Cruz al Mérito Policial' with red distinction (Spanish cross of police merit), not only was his application turned down, but he was also ordered to pay the costs of the subsequent legal proceedings.
In its ruling the High Court of Justice of Asturias (TSJA) considered that the officer "does not have a subjective right to be awarded the distinction even if he fulfils the established conditions" and that the public commendation granted by the Directorate-General of the National Police is in line with the service performed.
The incident happened in May 2023 when the police officer, assigned to the citizen security brigade, was sent to the Cerro de Santa Catalina after receiving a call that a young woman had fallen from the vicinity of the Elogio del Horizonte and was stuck on a ledge in the middle of the cliff.
The officer managed to reach the girl and was able to prevent her from jumping again. He stayed with her until she was lifted by the Helimer Cantábrico helicopter, piloted on that occasion by Nuria Bravo, councillor for public safety and emergencies, according to the newspaper El Comercio.
Written statement by the councillor for citizen security
The nomination for the medal included a letter from the councillor praising the intervention of the police officer: "The action of the officer, risking his own life due to the urgency of the situation, was crucial for the successful completion of the operation. It is possible that without his intervention this person would have fallen 50 metres to the rocks and lost her life," she said.
However, the TSJA upheld the decision of the Directorate-General of the Police and emphasised the discretionary nature of the award, which is accompanied by a salary increase of around 150 euros a month. "From the point of view of the officer concerned, the rule applicable to the case does not grant a right to entry into the Order of Police Merit, that is to say, the officer does not have a subjective right to be awarded the distinction and this, although it meets the conditions established in the law, also requires the free and express power of the competent administrative authority," stated the court decision.
It added: "For the holder of the competence, the Minister of the Interior (Fernando Grande-Marlaska), the discretionary nature means that the requirements established by law to allow the award of the distinction are 'minimum' requirements, so that based on them and in a discretionary manner, the administration must freely assess the meritorious nature of the facts analysed in order to weigh up whether or not they are worthy of the distinction".