Two of the three associations of prosecutors with representation in the Fiscal Council have asked the Government to stop the proposal to appoint Dolores Delgado as the new prosecutor of the Human Rights and Democratic Memory room. Delgado was proposed last Thursday to fill that position by his successor at the head of the State Attorney General’s Office, Álvaro García Ortiz, and against the criteria of seven of the 12 prosecutors of his main advisory body, who refused to participate in the pre-appointment vote. Now, the associations to which these seven prosecutors belong – the Association of Prosecutors (AF) and the Independent Professional Association of Prosecutors (APIF) – have written to the Government to try to stop the appointment by considering it invalid.
The first to address the Executive has been the AF, the majority and conservative-leaning association. In a letter sent this Monday to the Minister of Justice, Pilar Llop, he asks her not to send the Attorney General’s proposal to the Council of Ministers or, if she has already done so, to transfer the association’s letter to stop it. Appointment. Government sources indicate that the law does not provide that the Minister of Justice may suspend an appointment proposal made by the Attorney General.
The AF, however, demands Llop’s intervention and explains that his representatives on the Fiscal Council and the APIF member tried to have the appointment postponed on the understanding that, with the elections called for July 23 and the Parliament dissolved, there were “reasons of ethics, aesthetics and institutional respect” for it not to be carried out, but their request was not met, which led the members of these two associations not to participate in the voting process, mandatory although not binding.
In its letter, the AF argues that the action of its members “cannot be considered as a negative vote or as an abstention, but as the non-issuance of the mandatory report” required by the Statute of the Public Prosecutor’s Office, for which it accuses García Ortiz of having “failed” to comply with the legal procedure and maintains that the appointment should be considered null and void. The association also criticizes the fact that the attorney general refused to study whether there was a reason for Delgado’s incompatibility to exercise the Office of the Prosecutor for Human Rights and Democratic Memory, as denounced by the AF and APIF, based on the fact that his partner, former judge Baltasar Garzón, directs Figbar, a foundation dedicated to protecting human rights.
“Place Dolores Delgado at the top of that specialized prosecutor’s office with the function of coordinating and supervising the action of the Prosecutor’s Office in matters of democratic memory and human rights, with the power to issue circulars, instructions or give orders to reinforce the unity of action of the Prosecutor’s Office where it occurs, developing the appropriate investigations and, where appropriate, bringing criminal action, when it is your sentimental partner who has been claiming, at least, since 2014, the creation of such a specialized prosecutor’s office is inadmissible ”, collects the letter sent to Llop by the AF.
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The Independent Association of Prosecutors has also sent a letter to the Government, but in this case the text is addressed to the Minister of the Presidency and Secretary of the Council of Ministers, Félix Bolaños, to warn him of the “incident” that occurred during the last Fiscal Council, in reference to the decision of seven members not to participate in the vote prior to the appointment of Delgado. The arguments of this association are very similar to those used by the AF to try to stop the designation. After reporting Delgado’s possible conflict of interest with the Prosecutor’s Office assigned to him, the APIF denounces that García Ortiz unilaterally decided that there was no cause for incompatibility. “He decided what was the responsibility of the Fiscal Council in plenary session,” warns the association.
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