Pardon Proceedings Initiated for Former Attorney General Álvaro García Ortiz
The Ministry of Justice has commenced the procedures for the first pardon request for former Attorney General Álvaro García Ortiz. García Ortiz was sentenced to a two-year disqualification from public office after being convicted by the Supreme Court for the crime of revealing secrets. The Government has solicited a report on this application from the very court that issued the ruling.
The pardon request has been submitted by two individuals and has been forwarded to the Supreme Court by the Justice Ministry for their input, as reported by El País. Under current law, individuals may seek pardons for convictions they, their relatives, or other representatives submit. The applications require a report from the sentencing court, in this case, the Supreme Court, which judged García Ortiz. Additionally, both the prosecution and the aggrieved parties must be consulted.
If granted, the final decision for the pardon rests with the King, following a proposal from the Minister of Justice and prior deliberation by the Council of Ministers. This decision needs to be formalized through a royal decree and published in the Official State Gazette.
García Ortiz was found guilty in December of the previous year and faced penalties that included a two-year disqualification from public office, a fine of 7,200 euros, and compensation of 10,000 euros for moral damages. The Supreme Court convicted him for leaking sensitive information about Alberto González Amador, who is in a relationship with Madrid president Isabel Díaz Ayuso. The court traced the leak back to García Ortiz or someone close to him, leading to the exposure of an email sent on February 2 by González Amador's lawyer to the Prosecutors Office. This email involved a proposal for González Amador to admit to two tax crimes to evade jail time.
The ruling against García Ortiz was upheld by five out of seven magistrates, although two dissenting votes came from magistrates Susana Polo and Ana Ferrer. They expressed strong disagreement with the conviction, stating that there were only suspicions rather than definitive evidence, suggesting that García Ortiz should have been acquitted.
Amidst this situation, García Ortiz has filed a nullity incident contesting the ruling, in which he defends his innocence and the integrity of the Prosecutors Office against the criticisms faced.
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