Clean hands asked this Friday to Supreme Court to accept the preventive suspension of Álvaro Garcia Ortiz as Attorney General of the State to guarantee the impartiality of the prosecutor in charge of the case in which the head of the Public Ministry was accused of the alleged crime of revealing secrets of which the friend of the Madrid president accuses him, Isabel Diaz Ayuso.
In a document, the popular accusation states that “there is an obvious risk of affecting the integrity of the process, due to the material impossibility of Ministry of Finance “participates with the legally required impartiality, because any representative of the organization who appears in the investigation is a hierarchical dependent of the person being investigated.”
For Clean handsthe fact that the prosecution has a “purely hierarchical character” endangers the function it is called upon to fulfill because “it cannot intervene in a totally impartial manner, since the member of the prosecutor’s career who intervenes here will do so under reservation to “the hierarchical dependence of the person under investigation”.
“The simple abstention of the person indicted would not be enough to avoid this violation of impartiality, since he will continue to occupy a hierarchical position superior to other members of the public prosecutor’s office, being able to take decisions of a professional nature, with even economic effects, which affect them personally and directly, “even going so far as to retain disciplinary powers over them, thus generating a situation of informal submission to their will”, he explains.
He therefore requests the suspension Garcia Ortiz of his functions as a precautionary measure during the duration of the judicial procedure, considering “an obvious risk of affecting the integrity of the process, due to the material impossibility for the public prosecutor to participate in it with impartiality legally required, as it is “any representative of the organization which appears in the investigation, hierarchically dependent on the person investigated.” Remember that the prosecution will be represented in this case by the lieutenant prosecutor at the Supreme Court, María Ángeles Sánchez-Condethe “number two” of the public prosecutor’s office and García Ortiz’s most reliable person.
First step
Clean Hands thus takes the first step in the trial opened last Wednesday by the Criminal Chamber of the Supreme Court against García Ortiz at the request of the Superior Court of Justice of Madrid (TSJM) and a series of complaints and complaints, including those from Díaz Ayuso’s boyfriend, Alberto Gonzalez Amadorand Clean Hands. González Amador took to court the information note that the Madrid public prosecutor’s office published on March 14, reporting a series of emails between his lawyer and the prosecutor in the case in which he is the subject of a investigation for tax fraud, Julian Salto, to reach a compliance agreement.
A chamber of five magistrates unanimously decided to investigate García Ortiz and the attorney general of the province of Madrid, Pilar Rodriguez, for allegedly revealing secrets. However, the Supreme Court clarified that the crime would not appear in the briefing note, but in the emails leaked to the media the day before the prosecution’s statement was published.
After that, García Ortiz announced that he would continue his mandate, considering that it was “the least onerous” for the institution. The head of Public Ministry maintains that it was the duty of the prosecution to deny the existence of a “hoax”, thus alluding to the publications which, in response to another leak, indicated that Salto had proposed a pact to González Amador.
