A group of 19 Supreme Court prosecutors has sent a letter to the State Attorney General, Álvaro García Ortiz, in which they accuse him of “deliberately ignoring” the request for protection formulated by the prosecutors of the Supreme Court. processes in the face of the “injurious insinuations” of lawfare (judicial war or judicialization of politics) embodied in the agreement signed between PSOE and Junts for the investiture of Pedro Sánchez. In the letter, the 19 signatories, from the criminal section of the Supreme Court, show their “disappointment” in “the lack of will” of García Ortiz “to stand up to the slanderous insinuations” that, in their opinion, the pact of PSOE and Junts on the actions of the four prosecutors who carried out the investigation of the processes in the high court (Ismael Moreno, Javier Zaragoza, Consuelo Madrigal and Fidel Cadena).
These four prosecutors sent a letter last week to García Ortiz in which they asked him to speak out publicly in defense of the public ministry against the accusations of the independence movement about the alleged judicial persecution that, they claim, some members of this movement have suffered. The attorney general responded with another letter, sent to the entire race, in which he refused to comment on the matter, understanding that he must “maintain a public position that reinforces the principle of impartiality of the Public Prosecutor’s Office.” The 19 prosecutors who signed the letter now base their reproach on this response.
In his opinion, the letter from the head of the institution “has been nothing more than a way of deliberately ignoring the response to the very serious situation experienced by the Public Prosecutor’s Office and to the request for protection formulated by the prosecutors of the processes, for himself and for the prosecutors of Catalonia, in the face of the unjustified attacks to which they are being subjected.” The signatories close their letter by expressing their “recognition and support for the work carried out by the Prosecutor’s Office in defense of legality and constitutional order.”
The references to lawfare introduced in the political pact of PSOE and Junts have caused enormous dust among judges and prosecutors. The amnesty law proposal registered in Congress only covers the facts related to the processes “directly or indirectly,” but the text of the agreement between both parties opens the door for the benefits to be extended later to causes that are now left out, depending on what the investigative commissions in Congress determine on the Pegasus case and about the 17-A attacks in Barcelona and Cambrils, whose constitution was agreed upon by socialists and independentists in August. The document states: “The conclusions of the investigation commissions that will be established in the next legislature will be taken into account in the application of the amnesty law to the extent that situations included in the concept could arise. lawfare or judicialization of the policy, with the consequences that, where appropriate, may give rise to liability actions or legislative modifications.” The agreement does not explain how or what these changes would take place, but it implies that it would try to extend the grace measure to cases in which the investigative commissions uncover an alleged abusive use of justice.
This reference has sparked rejection statements from all associations of judges and prosecutors, as well as from the Government Chamber of the Supreme Court, the National Court and several higher courts. The Attorney General’s Office has not commented and that is what the prosecutors of processes. García Ortiz refused to do so to “respect the principle of separation of powers inherent to the rule of law and avoid any interference in the functions constitutionally attributed to each of the three powers of the State.”
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