The State Attorney General, Álvaro García Ortiz, has assured that it would be «Much more comfortable»Resign but does not because he believes that would leave in a situation of” weakness “to the Prosecutor’s Office and who happens to him in office, warning that this gap would be used by criminal phenomena such as terrorism or drug trafficking.
«From the personal point of view, for me it would be more comfortable to leave. I don’t hold on to any position. I believe in the institution that I defend and, therefore, I stay in it, ”he said, in the framework of his appearance in the Justice Commission that has been held on Tuesday in the Senatewhere PP and Vox have urged him to give up the position.
The head of the Public Ministry has been sure that, if resigned, “he would be making a concession, a concession to criminals, a concession to other people,” and “and that could place the Attorney General’s Office In a weakness of weakness».
«And the Prosecutor’s Office has to be strong, very strong, because the criminal phenomena that harass us (…) -Narcotrafico, International terrorism– They are phenomena that, as they see an apex of weakness in those who have to pursue the crime, will not hesitate to use it, ”he warned.
To this has added that «There are some issues that are important“, Anuding that” it is not only the fact of being charged, it is also why, how and when. ” “All of that influences the personal decision to remain at the forefront of the Prosecutor’s Office,” he said.
In addition, he said that it is «easy“Meeting with the Attorney General, both at the current situation-because he is charged in the Supreme Court (TS)-as usually, because he is always in a” complex “situation because the government designates him, in a” legitimate “way , but at the same time it must be impartial and neutral.
As he said, that leaves him exposed to “very hard” criticism, such as those that he has regretted that he has received this Tuesday at parliamentary headquarters, even in the field «staff“, Without being defended because, if,” if he landed in the political arena, “” I would lose the condition of neutrality “and impartiality that allows him to do his job.
Therefore, he has stressed that, “to some extent, it is easy to mess with the attorney general,” joking that “even a four -year -old could do it and the attorney general was not going to answer him, because he cannot”: ” We do not speak the same language. If we speak the same language, I would cease to be a general prosecutor, it would become a parliamentarian.
In this sense, he has defended that, although “it is healthy in democracy” that each one exercises its competences, “the excess of exercise of competencies is also a problem in democracy.” “No one can exceed the use of their competitions because we will be wrong the game fields in which we are each,” he has alerted.
García Ortiz has indicated that, if all this is added that he is charged, the situation is further complicated because he cannot rule on an open criminal process to avoid “interference in justice.”
“So the attorney general neither flees nor hides, but gives the explanations at the time he understands appropriate and when he can do it,” he has settled, riveting: “The question, if they allow me sarcasm, is who defends to the State Attorney General?
However, later and before the reproaches of the PP, he has made it clear: “I am not a victim, nor do I feel victim at all.” In the same way, he has apologized because his mobile phone contains information that affects national security and that of citizens was understood as a “threat.” “It is the opposite,” he has established.
Defend the deletion
On the other hand, he reiterated that he had the right and obligation to erase the chats and emails of their devices to protect the data from which it is “custodian.” “Therefore, I delete so much because it is my right to have my intimacy (…) as well as I fulfill the legal provisions to protect my data and the data from which I am custodian,” he explained.
Along these lines, he has insisted that he “regularly” deletes the data contained in his mobile phone, while clarifying that his personal email account did not delete it to the heat of the start of the investigations against him, last October, but “on December 27 or 28” before “the harassment” that claims to have lived after his personal data was revealed.
In fact, García Ortiz has emphasized that this periodic erase “is an obligation of all.” «Whoever keeps in their telephone devices or in their computers data related to third parties, and does not need them, and do not use them, and keep them, is breaking a regulation and a data protection directive. It is also breaking Spanish law, ”he warned.
He also wanted to defend his decision not to answer the questions released by the magistrate of TS Ángel Hurtado during his statement as investigated on January 29, stressing that “it is not affront anyone, it is a procedural position protected, a fundamental fundamental right ». «The value judgment is put by others and, of course, there are those who can think one thing and another can think. But the greatest of my respect to the Supreme Court, ”he said.
In this context, he wanted to remember, in the face of the “shadow of generic suspicion” that says that it has been projected on it by “realizing what the norm says clearly”, that in Spain “innocence is presumed.” «For being a State Attorney General I am no more, but I’m not less. And no citizen, no one, is obliged to prove his innocence, ”he stressed.
Prosecutor’s Boards
However, he has valued that 13 Sala prosecutors requested his resignation, although he has confessed that he produces “a certain perplexity that these public demonstrations may influence a criminal process.”
On these conclaves, which PP and Vox have thrown him in face because finally the criteria of his ‘number two’ ended up imposing himself to that of the majority in cases such as ‘tsunami democratic’ or the amnesty, he replied that “the Spanish prosecution is not an assembly »It has internal mechanisms to solve conflicts and so it was done.
In particular, on the ‘law of only yes it is yes’, he justified that the Prosecutor’s Office should set criteria for the 2,795 prosecutors to do the same, thus guaranteeing “the principle of equality throughout the Spanish territory.” And this has risted, because “if who has to unify, which is the Supreme Court, it takes at least one year,” the Public Ministry had to act.
As for the accusation that he is the only attorney general “who has been declared an unidconcene by the General Council of the Judiciary (CGPJ),” he has recognized that “it is true.” “But it is not the demerit of this attorney general, it is the demerit of the CGPJ,” he added, emphasizing that the TS dismantled “point by point” the arguments of the CGPJ, specifically those referring to his assumption favoritism towards the progressive union of prosecutors (UPF) in discretionary appointments.
Also, already questions from the PSOE senator José María Oleaga, who has asked him for his opinion on the socialist proposal to limit the popular accusation, has said that “nothing happens” for touching it, arguing that “you have to redirect it to its righteous terms” because “it cannot be easier to be personed in a criminal procedure than having a legitimation in the contentious-administrative procedure.”
Finally, he has claimed the confidence of the senators: «No one is a poor lawyer from provinces, we are all excellent professionals who work with dignity, respecting our profession. And I believe in people’s honesty, I have that defect of believing in people’s honesty. You also believe in the honesty of the State Attorney General ».
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