Thirteen Sala prosecutors, a third of those who make up the highest category of the race, have signed a letter in which they ask, “for the good of the institution that directs and the members that integrate it.” Among the signatories are two former general prosecutors, Consuelo Madrigal and María José Segarra, a member of the Prosecutor of Prosecutors (UPF) and who was the first head of the Public Ministry of the Government of Pedro Sánchez. The text of the prosecutors who have already supported other initiatives contrary to García Ortiz, to whom a part of the career, mostly conservative have also subscribed the text. In the brief, to which the country has had access, these prosecutors argue that the image of the Fiscal Ministry and the institution “are being subject to unbearable tension.” After knowing the brief, sources close to the Attorney General have expressed their “absolute” respect for the process, without external factors must interfere.
García Ortiz is being investigated for a crime of revelation of secrets for the alleged filtration of an email sent by the lawyer of Isabel Díaz Ayuso and charged with fiscal fraud, in which he admitted that his client had committed two fiscal crimes and proposed A pact that will free him from jail. , last October, García Ortiz sent a statement in which he reported his decision to stay in office when he considers that it is “the least burdensome and more prudent for the institution in the medium and long term.” A day later, meeting the Board of Prosecutors of the Chamber and the Fiscal Council to explain their decision. But Chamber prosecutors consider that, since then, there have been “milestones” in the open case against him in the Supreme Court that “make their resignation to office.
In addition to Madrigal and Segarra, they sign the letter Javier Zaragoza, Antonio Narváez, Elvira Tejada, Consuelo Madrigal, José Miguel de la Rosa, Rosana Morán, Jaime Moreno, Fidel Cadena, Javier Huete, Pilar Martín Nájera, Francisco Moreno, Manuel Moix and María José Segarra. There are 13 of the 36 prosecutors who hold the highest category, including García Ortiz. The signatories consider that the permanence of this in office while being investigated by the Criminal Chamber of the Supreme Real discouragement in the vast majority of prosecutors. ”
In the letter, these prosecutors carry hard against García Ortiz’s decision not to respond to the judge during his appearance last Wednesday in the Supreme Court. And he explained that he did it because he considers that the instruction is violating his fundamental rights and should be declared void. The prosecutor referred to the registration – “raid,” he said – of his office, that he has been appealed by his defense, and complained that he, like his lawyer and the rest of the parties, does not know the result of all proceedings Practiced so far, so he could not answer exactly to the instructor’s questions, which has denied instruction proceedings that the attorney general considers necessary. “I think the instructor starts from a certainty that prevents him from discovering the truth,” he said before the judge.
The Sala prosecutors signed by the letter they have sent to García Ortiz himself consider that this decision not to respond to the instructor is “improper of a rule of law” “Don Álvaro García Ortiz can never do it as investigated by the State Attorney General who, Despite being the subject of criminal investigation for the highest judicial body of the State, it continues to represent the Fiscal Ministry among whose functions is to ensure the independence of the courts ”. According to these prosecutors, resignation does not imply “assuming or accepting any kind of responsibility” but leaves “leaving intact its presumption of innocence (…) opens the way to defend themselves with full means and procedural powers and maximum dignity, leaving , yes, apart to the institution to which it is due. ”
“It is necessary to avoid the confusion between the responsibility of the institution and the one that can incumbent to those who hold their Headquarters and Representation,” said the prosecutors, for whom García Ortiz’s permanence in office “harmly blurs the delimitation of one and another sphere ” According to the signatories, the advance of the instruction “exceeds the most pessimistic forecasts regarding the erosion suffered by the Fiscal Ministry.” “The panorama is aggravated by the unusual position in which the prosecutor acting in the case is, contrary to the most elementary procedural logic.”
