One day after the Supreme Court ruled that Álvaro García Ortiz incurred a “deviation of power” when he promoted Dolores Delgado to the highest category of the Fiscal Career, the Government of Pedro Sánchez announced that it maintains confidence in him and that he will return to be appointed Attorney General of the State. García Ortiz will be appointed attorney general “until 2027” in the Council of Ministers that will be held on the 28th.
According to government sources informing EL MUNDO, the appointment has been proposed by the new Minister of Justice, Félix Bolaños, to the President of the Government, Pedro Sánchez, who has given the go-ahead for the progressively sensitive prosecutor to continue leading the body in charge. to ensure compliance with the law in our country.
García Ortiz will be revalidated in office at a particularly politically turbulent time, on the verge of the amnesty for the leaders of the process and when the judicial and prosecutorial career has been put on a war footing due to accusations of lawfare. Faced with both issues, especially sensitive for the Executive, the attorney general has put himself in profile. Regarding the proposed Amnesty Law, it has limited itself to pointing out that “any position of the Public Ministry regarding a future amnesty for the events that occurred in Catalonia in relation to the independence process requires knowing the normal definitive that regulates it once it is part of our regulation after its publication in the Official State Gazette.
The alleged judicial war against the independence movement recognized by the PSOE and Junts has been directly ignored by García Ortiz. In fact, the latest controversy led by the attorney general has occurred precisely because of his refusal to condemn the term lawfare and to protect the prosecutors who intervened in the process, both in the Supreme Court and in Catalonia.
The attorney general’s position has been an exception. García Ortiz has distanced himself from all the associations of judges and prosecutors, the General Council of the Judiciary, the Supreme Court, the National Court, the TSJ, the provincial courts and the senior judges of Spain who have strongly criticized the admission that in Spain there is a judicial war against the independence movement. The different groups and bodies have warned in unison of the risk that the terms of the political agreement signed between Pedro Sánchez and Carles Puigdemont pose for the separation of powers.
In fact, his premeditated silence has caused a total of 18 Supreme Court prosecutors, of different sensitivities, to show on Tuesday their “disappointment” in the “lack of will” of the attorney general “to stand up to the slanderous insinuations that about the “The actions of the prosecutors who intervened in the criminal case known as the process and its derivatives have been reflected in the investiture agreement signed by PSOE and Junts, known as lawfare.” These members of the Prosecutor’s Office reproached him for “deliberately ignoring the response to the very serious situation experienced by the Prosecutor’s Office and the request for protection formulated by the Prosecutors of the process.”
The current attorney general came to the head of the Public Ministry in September 2022 when the former Minister of Justice, Dolores Delgado, resigned from the position of attorney general for health reasons, as well as due to the intense wear and tear suffered during her time as the top person in charge. of the Prosecutor’s Office. Her brief mandate has been turbulent and with multiple controversies. The Prosecutor’s Office harshly criticized García Ortiz for promoting Delgado two months after taking office when the former minister was the one who had previously promoted him. Yesterday, the High Court noted that it was an “undeniable” case of “diversion of power” and annulled the aforementioned promotion.
Months after this blow, the current attorney general faced, in an unprecedented situation, the Fiscal Council to once again benefit Dolores Delgado. In this case, to appoint her to the position that the former minister always dreamed of and that she pursued so much: prosecutor of the Chamber of Democratic Memory and Human Rights. On that occasion, Álvaro García Ortiz robbed the Fiscal Council of the possibility of ruling on Delgado’s incompatibility due to her romantic relationship with former judge Baltasar Garzón, sole administrator of the Ilocad office and head of the FIBGAR foundation, both entities specialized in the matter that Delgado now controls.
This appointment, also challenged before the TS, caused the dismissal of historic prosecutors from the Progressive Union of Prosecutors in a sign of protest against the attorney general.