Controversy Surrounds Attorney General Álvaro García Ortiz Amid Supreme Court Testimony
Álvaro García Ortiz, the Attorney General of the State, is making headlines as he testifies before the Supreme Court today following allegations of disclosing sensitive information. The complaint comes from Alberto González Amador, a partner of Isabel Díaz Ayuso, President of the Community of Madrid. Accusations suggest that García Ortiz leaked details related to an ongoing investigation, prompting the high court to summon him for clarification.
This critical appearance follows the Supreme Court's recent support for his continued role as Attorney General. Just a day prior, the court unanimously rejected a request from the Professional and Independent Association of Prosecutors (APIF) to annul his renewal in 2023, arguing that García Ortiz failed to meet professional standards. However, the justices dismissed the allegations, stating there was insufficient evidence to support claims of serious and repeated misconduct during his first term.
In a detailed 23-page ruling, the Supreme Court pointed out that the evidence presented by the APIF did not demonstrate any form of substantial negligence by García Ortiz. They clarified that the law provides the President of the Government with the authority to appoint the Attorney General, provided that the individual has recognized legal expertise and receives a non-binding advisory report from the General Council of the Judiciary (CGPJ).
The decision to renew García Ortiz was made by the government in December 2023, despite strong opposition from the CGPJ, which had declared him unsuitable for the position. The APIF further emphasized that the Supreme Court’s previous ruling that annulled Dolores Delgado's appointment due to abuse of power should apply to García Ortiz as well. However, the magistrates maintained that this past irregularity did not sufficient grounds to label the current Attorney General as unfit for office.
The court stressed that isolated acts of abuse of power or administrative mistakes do not equate to disqualification from the role of Attorney General. They reiterated that while such conduct is not to be condoned, it does not legally invalidate a judicial appointment.
As García Ortiz appears in court today, he confronts not only the scrutiny that comes from his high-profile position but also the allegations that he divulged confidential communications, including an email allegedly revealing his partner's confession to criminal activity against the Public Treasury. This alleged leak occurred shortly after the Presidency of the Community of Madrid disseminated misleading assertions to the media, claiming that it was the Prosecutor's Office offering an out-of-court settlement.
Regardless of the outcomes of today’s testimony, the judicial process against García Ortiz remains ongoing. His position as a prosecutor affords him certain protections, but the investigation could extend over several months, as it will be addressed by the Supreme Court, placing significant attention on both him and the agency he commands.
Critics point out the disparities in the legal proceedings surrounding this case. For instance, while Ayuso’s partner has experienced repeated cancellations of his testimony requests, Ortiz has faced no such delays. The Supreme Court's magistrate, Ángel Hurtado, recently denied requests to postpone Ortiz's testimony, as well as procedures proposed by the State Advocacy that were meant to precede this crucial hearing.
With the testimony of González Amador and several journalists expected to come in the following days, all eyes will continue to be on García Ortiz and the political implications of this case, underscoring the delicate balance of power and accountability within Spain's judiciary.
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