Supreme Court Sentences Former Attorney General Garcia Ortiz: What’s Next?

The Supreme Court TS has handed down a significant ruling concerning Álvaro García Ortiz, the former Attorney General of the State, sentencing him to a two-year disqualification from holding public office, alongside a fine of 7,200 euros and a compensation of 10,000 euros. The reasons for this ruling relate to the unauthorized disclosure of sensitive information regarding Alberto González Amador, who is connected to Madrid's president, Isabel Díaz Ayuso. The court's order, dated December 12, seeks the immediate execution of this verdict, directing García Ortiz to deposit the mandated fines and compensations into the high court’s account. Additionally, the court has instructed that a copy of the decision be forwarded to the Fiscal Inspection of the Attorney General's Office for necessary actions. García Ortiz's resignation came swiftly on November 24, just days after the initial ruling was leaked, leading to concerns over the possibility of further disclosures. His formal dismissal followed shortly on December 9. With his exit, Teresa Peramato, a noted prosecutor experienced in tackling gender-based violence, has stepped into the Attorney General position. Sources close to the investigation indicate that the Fiscal Inspection will assess the ruling's implications on García Ortiz’s employment status as a prosecutor. Notably, while he previously held the Attorney General post in a special services capacity—essentially placed outside the prosecutor's career—he will now have to pursue re-entry into the prosecutor's profession. Legal analysts highlight that this pathway might be fraught with difficulties, potentially leading to García Ortiz's expulsion from the prosecutor role altogether. This concern arises from Article 46 of the Organic Statute of the Public Prosecutors Office (EOMF), which indicates that any main or accessory penalty of disqualification from public office results in the loss of prosecutor status. Furthermore, similar stipulations in Article 32 of the Regulations of the Public Prosecutors Office reinforce this view by marking disqualification or conviction for a willful crime as grounds for disqualification. However, the Supreme Court has indicated that the disqualification impacts only García Ortiz’s position as Attorney General. It warned against overextending the disqualification's consequences to other roles. The court delineated that the extrajudicial effects of the ruling navigate a distinct path, separate from judicial ramifications. According to fiscal experts, it is ultimately the Fiscal Inspection that will determine how the ruling affects García Ortiz's professional standing. As this situation unfolds, the broader implications for the public perception of the legal system and its officials will be closely monitored. Related Sources: • Source 1 • Source 2