A group of 19 Supreme Court prosecutors have sent a letter to the Attorney General Álvaro García Ortiz accusing him of having “deliberately ignored” the request for protection formulated by the trial prosecutors. “Harmful insinuations” of lawfare (judicial war or legalization of politics), reflected in the agreement signed between PSOE and Junts on the investiture of Pedro Sánchez. In the letter, the 19 signatories of the Thirty Criminal Division of the Supreme Court express their “disappointment” with “the lack of will” of García Ortiz “to counter the defamatory insinuations” that they believe he makes. The PSOE and Junts pact on the actions of the four prosecutors who carried out the investigation of the trial before the Supreme Court (Ismael Moreno, Javier Zaragoza, Consuelo Madrigal and Fidel Cadena).
These four prosecutors sent a letter to García Ortiz last week asking him to speak publicly in defense of the Public Ministry against the allegations of the independence movement about the alleged judicial persecution that, according to them, some members of this movement have suffered. The Attorney General responded with another letter addressed to the entire people, in which he refused to comment on the matter, understanding that he “must take a public position that reinforces the principle of prosecutorial impartiality “. The 19 prosecutors who signed the letter are now basing their accusation on this answer.
In his opinion, the letter from the head of the institution was “nothing more than a deliberate ignoring of the response to the very serious situation of the public prosecutor’s office and to the request for protection formulated by the prosecutors of the trial.” for himself and for the prosecutors of Catalonia in the face of the unjustified attacks to which they are exposed.” The signatories conclude their letter by expressing their “recognition and support for the work of the Public Prosecutor’s Office to protect legality and the constitutional order.”
The references to lawfare introduced in the PSOE and Junts political pact have caused enormous uproar among judges and prosecutors. The amnesty law proposal registered in Congress covers only those issues “directly or indirectly” related to the trial, but the text of the agreement between both parties opens the door to extending the benefits to causes that are now excluded about what the commissions of inquiry in Congress decide on the Pegasus case and the 17-A attacks in Barcelona and Cambrils, the constitution of which the socialists and independents agreed on in August. The document states: “The conclusions of the investigative commissions set up in the next legislative period will be taken into account when applying the amnesty law to the extent that situations may arise that fall under the concept of lawfare or the judicialization of politics,” with the consequences , which may, where appropriate, lead to liability suits or changes in the law.” The agreement does not explain how or what these changes would achieve, but it does imply that it will seek to extend the reprieve to cases in which the commissions of inquiry have alleged an abuse of justice discover.
This reference has provoked declarations of rejection from all associations of judges and prosecutors, as well as from the Government Chamber of the Supreme Court, the National Court and several higher courts. The Attorney General’s Office has not commented, which is exactly what prosecutors asked for last week. García Ortiz refused to do so in order to “respect the principle of separation of powers inherent in the rule of law and to avoid any interference with the functions constitutionally assigned to each of the three branches of government.”
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