Civil Rights

“The Price of Freedom is eternal vigilance”

Charles Gomez & Co is a trusted leader in civil rights cases in Gibraltar, with a wide experience in the fields of Constitutional and Administrative Law and Civil Rights.

We have led on constitutional motions relating to judicial independence, equality of arms in the trial process and compatibility of legislation.

As a result of one of our initiatives, the entire criminal legal aid system was reviewed in cases of complex fraud. In another case, an import duty was found to be illegal and further still, anti-money laundering regulations were held invalid and had to be recast.

Civil Rights During the Covid-Era

During the pandemic, Charles Gomez & Co was the port of call for individuals and groups who argued that certain legislation and policies were excessive and did not consider the unique circumstances of individuals.

We represented “Freedom Gibraltar”, a group of around 200 concerned Gibraltarians, and posed questions to successive directors of Public Health on the safety of the Pfizer MRNA vaccine in general, and more specifically why its application on the 12 – 15-year-old cohort was approved in Gibraltar when the Joint Committee on Vaccination and Immunisation had not approved vaccination for this age range.

Also highlighted were risks of myocarditis, the questioning of reversal of the then Director of Public Health’s advice on mask wearing, and policies which led to discriminatory practises within workplaces or public areas.

In relation to vaccination policies, we represented a group of teachers and Learning Support Assistants (LSA’s) who argued that their jobs were under threat and who were experiencing pressure from staff and successfully prevented the transfer of an LSA.

Regarding mask-wearing in outdoor spaces, among other successes, Charles Gomez & Co reversed a fine on an individual who suffered a respiratory condition and therefore did not wish to wear a mask outdoors while social distancing.

Judicial Review

On the Administrative Law front, our successes have included a judicial review involving an Environmental Impact Assessment for a £150,000,000 power station at one level, and the annulment of a labour inspection at another level.

We represented Chief Justice Schofield as solicitors in the Privy Council in London when he was suspended.

“The Price of Freedom is eternal vigilance.”

At the moment we are acting for the ex-Commissioner of the Royal Gibraltar Police in a Commission of Inquiry which we demanded on his behalf.

Keeping the executive powers of the State in check has always been a fundamental duty of lawyers.