This Thursday, the Association of Prosecutors has called on the race to react to the accusation of the State Attorney General, Álvaro García Ortiz, whose resignation they have previously requested.
The AF reminds us that the entry and search at the headquarters of the State Attorney General’s Office is an unprecedented event that “marks a milestone that will take many years to be erased from our collective memory.”
The association asks the race to reflect, precisely because prosecutors know that an order authorizing an entry and search “is not dictated in a vacuum.” «We ask each prosecutor to meditate about how our institution appears in the proceedings opened by the Supreme Court and not in the unfortunately evocative image of the police presence investigating the existence of crimes in our fundamental headquarters, but of the mere procedural presence of the Public Prosecutor’s Office.”
He assures that they do not want explanations or justifications either from García Ortiz as a person or as attorney general. «We have already asked for his resignation and we have already transmitted the unusual anomaly to the European states, to the institutions of the European Union and to the Council of Europe.”
Now what they ask is that the tax career search for “difficult answers to simple questions”: “DoesWhich prosecutor intervenes in the preliminary proceedings? open in the Supreme Court? Who and how appointed him? Which prosecutor was notified of the partially known order yesterday? What perception may the instructor (or society, or the prosecutor’s career) have of the institution that It must guarantee the principles of legality and impartiality when obvious causes of abstention may arise for the person involved? Is the intervention of the lieutenant prosecutor of the Supreme Court imaginable when it depends directly on the person being investigated and on whom his eventual renewal depends? It is admissible for her or any other court prosecutor, like those who make up the Fiscal Council, to intervene in the criminal procedure when the State Attorney General himself has requested their opinion in the Board of Court Prosecutors and in the Fiscal Council after reporting extraprocedurally of his version? What report is the Prosecutor in charge going to issue when requested and to whom will he report? Will we remain silent, even in the conversations between us?
“We ask much more of the race,” he concludes. The situation, abnormal, requires a reaction from us.”
«Reinforced foundation»
In parallel, Judges for Democracy (JJpD) has invited reflect on the “proportionality” of the measures that affect fundamental rights in the context of a criminal investigation. In this case “it is investigated whether there could have been a crime of revealing secrets, that is, a less serious crime”, which, in his opinion, requires a “reinforced basis” in accordance with the jurisprudence of the Supreme Court and the European Court of Human Rights.
«We remember that in these cases in which fundamental rights may be involved, efforts must be made to minimize their impact if there are any. other measures that involve less interferencebut they are equally useful for clarifying the facts that are the subject of investigation.” Since this is the investigation of a crime of revealing secrets, and in view of the nature of the measure adopted, it is It is essential that the result of the diligence be preserved of investigation, avoiding the leaks that take place in similar cases, warns the association of judges. “The opposite could mean that, to guarantee the right of defense of those who present themselves as harmed, the fundamental rights of other people are violated.”
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