The Plenary Session of the General Council of the Judiciary (CGPJ) unanimously agreed this Wednesday reject the request made by Judge Manuel Piñar -known for having sentenced Juana Rivas to five years in prison for child abduction-, to to compensate him with 100,000 euros for alleged damages.
Piñar had asked the CGPJ to compensate him for his decision to retire earlya step that he alleged was prompted by the actions taken against him by the CGPJ itself, as has been advanced eldiario.es and sources from the governing body of the judges have confirmed.
The Disciplinary Commission of the CGPJ sanctioned him for a serious infraction with a fine of 1,500 euros after would spread through a statement sent to a media outlet data that affected one of the children of Juana Rivas, the mother of Maracena (Granada), whom he convicted of child abduction.
The Council considered it proven that, on December 9, 2021, Piñar issued an order in which rejected the suspension of sentence who had requested the defense of Juana Rivas after the pardon granted to her by the Government, a ruling that “was subject of criticism by certain sectors.” As a result of such criticism, the magistrate sent a statement to a national newspaper to express his opinion regarding this procedure and explain the reasons that had led him to issue the aforementioned order, thereby providing various data in relation to the cause.
Disciplinary file
The judge argued that the data of the procedure that he disseminated in that statement they were “known to the public when disseminated through the media”, but the CGPJ determined that its “duty of confidentiality does not disappear due to prior knowledge of the facts.”
The Disciplinary Commission estimated that Piñar knew certain circumstances that affected a minor because he was in charge of the procedure in which such data or facts operated; and, “despite this, transferred them to a media in order to justify the meaning of a judicial pronouncement.” He added that “in no case” would his actions “be protected by his right to freedom of expression.”
The CGPJ also opened a disciplinary file for the messages he published on his Facebook account, after the lawyer Carlos Aránguez, in charge of Juana Rivas’s defense, formalized a complaint against Piñar for the content he disseminated on social networks and the media when he understood that were “offensive” and constituted “clear insults to multiple groups,” including “colleagues, different authorities and public officials.”
However, finally the CGPJ archived the file against Piñar upon concluding that the magistrate’s conduct did not find due accommodation – in accordance with the requirements of the principles of legality and typicality – in any of the offenses contemplated in articles 417, 418 and 419. of the Organic Law of the Judiciary (LOPJ).
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