Judicial Controversy: Investigation Launched Against Judge Peinado Over Prime Minister's Wife Case

The Permanent Commission, amidst a split vote, has determined to forward a resolution regarding Judge Juan Carlos Peinado to the Disciplinary Action Promoter. This resolution concerns accusations that the police may have facilitated the escape of Begoña Gómez, the wife of the Prime Minister. Gómez's defense team is prosecuting Peinado in the judiciary for infringing upon her right to defend herself. In a recent development, the General Council of the Judiciary (CGPJ) has commenced proceedings against Peinado after his remarks and decisions during the ongoing oral trial against Gómez were deemed contentious. The Permanent Commission reached a close decision, with equal votes from conservative members against the motion, ultimately supported by President Isabel Perelló which tilted the decision toward sanctioning Peinado's actions. According to sources from the CGPJ, the Permanent Commission has urged the Disciplinary Action Promoter to evaluate whether Peinado's order might reflect a disregard for due process. The Promoter has a month to initiate an inquiry and can recommend sanctions against Peinado or dismiss the case under article 4185 of the Organic Law of the Judiciary. The discussions by the Permanent Commission commenced on Sunday and reconvened on Monday in an extraordinary session focused on complaints filed by the Ministry of the Interior as well as by Gómez's defense team. At issue are remarks made by Peinado when he announced precautionary measures against Gómez during the oral trial last Saturday. These measures included the withdrawal of her passport, a prohibition on her departure from Spain, and requirements to appear biweekly before the court. In a controversial statement, Peinado asserted that police officers, whether acting independently or under the orders of higher officials, could have cooperated in facilitating an escape for Gómez, thereby obstructing her availability for judicial proceedings. This statement has elicited significant reactions, both from within police ranks and beyond. The Ministry of the Interior has expressed formal concerns to the CGPJ, while police unions have rallied against what they term an egregious overreach by the magistrate. Additionally, Gómez's defense intends to challenge this order in the Provincial Court of Madrid, which is set to resolve other significant legal hurdles before she faces a jury trial. The decision to address Peinado's actions has been met with resistance from conservative members within the Permanent Commission, who argue that the issue at hand is strictly jurisdictional, thus any review of the judge's decisions should proceed through conventional appeal channels rather than disciplinary measures. They maintain that the CGPJ lacks the authority to scrutinize a judgment through a disciplinary lens. The CGPJ has previously reviewed multiple complaints relating to Peinado's conduct over the course of the two-and-a-half-year inquiry into allegations against Gómez, spurred by a complaint from the anti-corruption group Manos Limpias. In some instances, the disciplinary authority governing the judiciary has recommended dismissing complaints from Minister Félix Bolaños, who had been summoned as a witness against the judge. The unfolding events signal a critical examination of the judicial processes involved in high-stakes political cases and set a precedent for how complaints against judicial actions are addressed in Spain. Related Sources: • Source 1 • Source 2