The Supreme Court has initiated this Monday the procedures to decide whether to investigate the Attorney General of the State, Álvaro García Ortiz, for revealing secrets in the case opened against the Prosecutor’s Office following the complaint filed by Alberto González Amador, partner of the president of the Community of Madrid, Isabel Díaz Ayuso. The Criminal Chamber has asked the Prosecutor’s Office to report on whether the reasoned statement sent by the magistrate Francisco José Goyena, instructor of the Superior Court of Justice of Madrid (TSJM), should be admitted, who requests an investigation into García Ortiz’s role in the publication of a press release that denied a hoax spread by the PP leader’s team after learning of the case for tax fraud opened against her partner – with which the popular party tried to discredit the public ministry and sell the thesis that it was all a political persecution against the head of the Madrid Executive.
Sources from the Public Prosecutor’s Office have already indicated that the report on this case will likely be signed by the deputy prosecutor of the Supreme Court, María Ángeles Sánchez Conde. In the case opened in the TSJM, the public prosecutor has defended its actions, arguing that it fulfilled its “obligation” to offer truthful information to the public in the face of the attempts by the Madrid government to discredit the institution. “No facts were discovered,” said the prosecutor Francisco Javier Montero. “What was previously known is no longer secret,” he added, relying on the jurisprudence of the European Court of Human Rights (ECHR).
However, the investigating judge of the TSJM maintains that the “dissemination of said information does not correspond to the alleged purpose indicated by the Public Prosecutor’s Office”: “Because, apart from exceeding in its content what appears disclosed in the press, it involves the disclosure of data and information that cannot be revealed to third parties, as it would harm a third party and even a collective interest, if we look at the right of defense. […] [Sobre] the alleged justification given for the dissemination of the note, [esta] It could have had another format and content, which would not have violated the duty of confidentiality that had to be maintained.”
In a procedural order issued on Monday, the Supreme Court also agreed to consolidate all the actions brought against the Attorney General into a single case. In addition to the reasoned statement, it includes a complaint from the Foro Libertad y Alternativa Foundation, which was the first to be filed last March, a complaint, and a complaint from the Manos Limpias union. The Chamber that will study whether or not to admit these actions will be made up of the judges Manuel Marchena (president), Juan Ramón Berdugo, Antonio del Moral, Susana Polo (rapporteur) and Carmen Lamela.
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