Supreme Court Endorses Investigation into Attorney General Amid Controversy
The Appeals Chamber of the Supreme Court has reached a unanimous decision supporting Judge Ángel Hurtado's order to conduct a search and investigation into the office of Attorney General Álvaro García Ortiz. This investigation pertains to alleged breaches of confidentiality reported by Alberto González Amador, a partner of Isabel Díaz Ayuso, the President of the Community of Madrid.
Judges Julián Sánchez Melgar, Andrés Palomo, and Eduardo de Porres dismissed appeals made by both the Public Prosecutor's Office and the State Attorney's Office. Their ruling underscores the appropriateness of the investigation, affirming that the crime being investigated justifies the actions taken and that the search warrants were themost viable means to obtain evidence.
In their appeals, both the Attorney's Office and the Public Prosecutor's Office argued that the searches violated fundamental rights, which, they contended, should lead to their annulment. They specifically referred to an earlier search conducted on the same day, October 30, at the office of the Chief Provincial Prosecutor of Madrid, Pilar Rodríguez.
However, the Supreme Court found that the prosecution's arguments lacked sufficient reasoning to undermine the legitimacy of the searches. The Public Prosecutor’s Office claimed that both searches were void, asserting that any evidence derived from them should be disregarded in the ongoing investigation. They further stated that the orders for the searches did not provide adequate reasoning justifying their necessity and proportionality.
In a notable development, Deputy Prosecutor of the Supreme Court, Ángeles Sánchez Conde, articulated her opposition to the judges' ruling both in writing and verbally. She indicated her non-participation in questioning Attorney General García Ortiz on January 29, suggesting that doing so might legitimize an investigation she finds questionable.
García Ortiz has publicly refuted claims of harboring ill will against Ayuso's boyfriend. He emphasized that he is merely a citizen like everyone else, speaking to the political tensions entwined in this case. Furthermore, he denied allegations of obstructing negotiations between Ayuso's boyfriend's legal representative and the prosecutor's office.
As this legal saga unfolds, the implications for both the Attorney General's office and the Madrid Presidency remain significant. The Supreme Court's ruling not only reinforces the legality of the investigation but also highlights the delicate balance between prosecutorial discretion and the protection of fundamental rights in high-stakes political contexts.
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