The Central Operational Unit of the Civil Guard (UCO): Pillar of criminal investigation in Spain.

Introduction

In the last few months the UCO has been in the news, but what is the UCO and what does it do?
The Guardia Civil's Central Operational Unit (UCO) is one of Spain's most prestigious criminal investigation units. It was created in 1987 as an elite unit specialized in the fight against organized crime, and has since expanded its competencies to other areas such as corruption, drug trafficking and economic crime. Its creation responded to the need to provide the Guardia Civil with a modern and effective structure that could deal with the new forms of organized crime emerging in democratic Spain. Inspired by international models, the UCO was conceived as an integral unit, with capacity for analysis, operational investigation and coordination with other law enforcement agencies. Since then, its evolution has been marked by professionalization, continuous training of its agents and growing international cooperation. Its work has been highlighted in cases of corruption, drug trafficking, organized crime and technological crimes, becoming a reference both nationally and internationally. In this article, we analyze the structure and functions of the UCO, the most mediatic cases in which it has intervened, its role in current investigations and the criticisms it has received throughout its trajectory.

Structure and Functions of the UCO

The UCO operates as the main investigation unit of the Guardia Civil in highly complex crimes. It is divided into several specialized areas, including:

Economic Crimes and Anti-Corruption Unit: This department is attached to the anti-corruption prosecutor's office. It investigates financial fraud, embezzlement and money laundering, as well as crimes against public administrations.

Anti-Drug Trafficking Unit: focuses on dismantling international drug trafficking mafias and networks. It has a subsection dedicated to the arrest of fugitives from justice.

Crimes against Persons Unit: Homicides and Disappearances: works on particularly serious cases of organized crime such as murders and forced disappearances (kidnappings). In this unit there is also a subsection dedicated to human trafficking and another dedicated to historical heritage.

Technological Crimes Unit: combats cybercrime, online child exploitation and digital fraud.
Over the years, the UCO has perfected its investigative methods, integrating intelligence analysis, operational surveillance and cooperation with international agencies such as Europol and Interpol.

Media Cases in which the UCO has intervened

The UCO has played a crucial role in some of the most relevant cases of the Spanish judicial panorama, among which the following stand out:

Gürtel case: one of the largest political corruption schemes in Spain, with ramifications in multiple public administrations and which was linked to the so-called "caja B" of the Popular Party. It was headed by Francisco Correa, whose companies organized PP public events in exchange for commissions. A subplot of this case ended with the arrest and conviction of Luis Barcenas, treasurer of the Popular Party.

Caso Púnica: corruption network in public contracts that involved high-ranking politicians of the Partido Popular and the PSOE in the community of Madrid, although with ramifications in Murcia, León and Valencia.

Malaya case: focused on urban corruption in Marbella and the involvement of businessmen and politicians such as Jesús Gil. Marisol Yague and Julian Muñoz (who were mayors of Marbella) for laundering up to 670 million euros from payments received for urban development "favors".

Disappearance of Diana Quer: one of the most mediatic investigations in Spain, solved thanks to the work of the UCO: The young woman disappeared when she was returning home from the village festivities. Her phone was found at the bottom of the dia de Arousa. The UCO's investigations allowed access to his memory and linked his position to that of his killer.

Koldo case: or Abalos case, is a recent investigation into political corruption in Spain around the advisor to Minister Jose Luis Abalos, Koldo Garcia. Initially the UCO investigated companies linked to those investigated that benefited from public contracts at the time of the COVID-19 pandemic and later this plot led to the arrest of the former minister Abalos and his advisor, and more recently to the imputation of the former secretary of organization of the PSOE for having received commissions for the award of public works contracts mainly. Other branches of this investigation led to the arrest of Victor de Aldama, a Madrid businessman who was a beneficiary of awards from the scheme.

Maria Angels Feliu was kidnapped and remained in a cell for a year and four months. One of the captors released her "unilaterally" because the ransom demanded was not paid. UCO investigations led to the arrest of the perpetrators years after the release.

Murder of Gabriel Cruz: Little Gabriel disappeared when he was on his way to his cousins' house. The surveillance established on Ana Julia Quezada, his father's girlfriend, allowed the UCO to determine that she was the author of the disappearance and subsequent murder of the child.

Mediator Case: also known as the "Tito Berni" case because of one of the main people involved: Juan Bernardo Fuentes, who was a member of Parliament for the Canary Islands, is a case of corruption in the government of the Canary Islands, where those involved charged bribes to businessmen in exchange for preference for public contracts, to avoid sanctions or to receive public aid. In this case, besides politicians, members of the Civil Guard itself were arrested, such as retired general Francisco Javier Espinosa.

These cases have consolidated the reputation of the UCO as a highly specialized body in the fight against corruption and organized crime.

Current Research

In recent years, the UCO has continued to make headlines with high-profile investigations. Some of the most recent cases include:

• Illegal commissions schemes in public contracts.
• Cryptocurrency fraud.
• Large-scale drug trafficking.
• Investigation of human trafficking networks.
• Corruption in professional soccer.
• Cybercrime and attacks on critical infrastructures.

The effectiveness of the UCO in these investigations has been key to the arrest of relevant figures and the recovery of defrauded funds. Its ability to coordinate with international bodies has strengthened its role in the fight against globalized crime.

Comparison with other Elite Units in Spain

The UCO stands out within the network of specialized police forces in Spain. Compared to other units:

• Economic and Fiscal Crime Unit (UDEF) of the National Police.The UDEF: also specialized in economic crime and corruption, the UDEF has intervened in high-profile cases such as the Bárcenas papers. However, its approach is more technical-accounting, while the UCO tends to assume a more comprehensive operational role. The UDEF participated in the investigation of such notorious cases as the "NOOS Case" or the "Campeón Case" and also intervened, although to a lesser extent, in the investigation of the "Koldo Case" or the "Gurtel Case".
• National Police Force - Central Unit for Drugs and Organized Crime (UDYCO)Focused on drug trafficking and organized crime, its scope of action usually overlaps with that of the UCO in drug trafficking investigations, although the latter has a stronger territorial and rural presence.
• Mossos d'Esquadra - Criminal Investigation Division (DIC)operates mainly in Catalonia and has similar competences, although its territorial scope is limited.

The main difference of the UCO lies in its multidisciplinary nature, its accumulated experience in complex cases and its strong links with the Audiencia Nacional. Its international projection also distinguishes it, and its cooperation in joint operations with Europol, Interpol and police forces from other countries is common.

Criticism and Controversy

Despite its prestige, the UCO has not been exempt from criticism and controversy:

• Excessive use of precautionary measures: In some proceedings, we lawyers have questioned the proportionality of certain arrests and searches, generating debates on the limits of police action in the investigation phase, since, as all UCO actions are usually adopted and executed under the so-called "secrecy of the summary", the investigated are often defenseless since it is not possible for them to argue against them. In other cases, some colleagues have denounced the abuse in the duration of the detention, which is extended up to 72 hours without being necessary (but this time is used to try to get the detainee, tired and confused, to provide information about the investigation).
• Errors in reports: Certain proceedings, especially in municipal corruption investigations, have been subject to judicial review due to deficiencies in the reports prepared. Some judges and lawyers have pointed out inconsistencies or unsubstantiated assessments in certain documents submitted.
• Leaks to the media: in investigations such as the Lezo and Villarejo cases, the early appearance of information in the media generated suspicions of internal leaks, fueling the perception that the investigations could be used for media or political purposes. This criticism should be qualified: The confidentiality of investigations is essential and is justified by the need to protect the development of the proceedings. However, criticism arises mainly when unauthorized leaks occur or when the lack of clear information generates a perception of opacity or arbitrariness in the proceedings. The UCO, being in charge of highly mediatized cases, has been pointed out by some analysts for not adequately controlling the public dissemination of certain sensitive aspects. In any case, it is necessary to distinguish between legitimate operational confidentiality and public management of information in a democratic state.
• Political instrumentalization: some political groups have denounced that investigations such as the Kitchen Case and those derived from the Gürtel Case were used to influence electoral processes or political negotiations. Although these claims have not always been judicially backed up, they have generated an important public debate.
• Lack of transparency: The opacity of decision making and the lack of information about the internal workings of the unit have sometimes been criticized. But being an elite unit that investigates matters of great importance, it is understandable that the aim is to protect its members and their investigations.
• Collusion between judges and prosecutors with the UCO: some colleagues have also denounced that they have suffered that the instructors and prosecutors assume the theories of the UCO reports with hardly any critical work on the soundness of their manifestations, making them lose the objectivity they are supposed to have.

Conclusions

The Guardia Civil's Central Operational Unit has proven to be a fundamental pillar of criminal investigation in Spain. Its action in corruption, drug trafficking and organized crime cases has led to the dismantling of criminal networks and the recovery of large sums of money from illicit activities. Despite the controversies, I am of the opinion that his role remains indispensable in the Spanish criminal justice system.

JOSE SOLER MARTIN (LAWYER)