The Association of Public Prosecutors (AF) today asked members of the Public Prosecutor’s Office to “react” after Supreme Court Judge Ángel Hurtado ordered a search of the office of the Attorney General, Álvaro García Ortiz, where UCO agents of the Civil Guard seized and copied the contents of all their electronic devices. “Are we going to keep quiet?”questions the organization of majority representation in the tax career.
The Executive Committee of the AF, chaired by the prosecutor of Barcelona Cristina Dexeus, published a press release in which it assures that the investigation procedure ordered by the judge of the Supreme Court “is a unprecedented fact this marks an important milestone that will take many years to erase from our collective memory.
“We ask the tax profession to think, firstly because we are prosecutors and therefore aware that an order authorizing this measure is not issued in a vacuum. We ask each prosecutor to think about how our institution appears in the procedure opened by the Supreme Court and not in the unfortunately evocative image of the police presence investigating the existence of crimes in our main headquarters, but of the simple procedural presence of the public prosecutor”, he underlines .
The AF says it does not want “explanations or justifications, either from the person or from the holder of the high judiciary”. [el fiscal general]of his inactivity after having assumed the status of accused party in criminal proceedings”.
“We have already asked the Attorney General to resign and we have already conveyed this unusual anomaly to the European states, the institutions of the European Union and the Council of Europe. Yesterday we explained to the Attorney General and the quarry the exceptional legal consequences situation in which our institution finds itself, taking into account the legal norms which govern criminal procedure and the organic regulations which govern the functioning of the public prosecutor’s office”, he recalled.
What the AF is asking of the race is to “seek difficult answers to simple questions”: “which prosecutor intervenes in the preliminary procedure opened at the Supreme Court? Who and how was he appointed? Which prosecutor was notified of the partially known order yesterday? perception that the instructor (or society, or the career of the prosecutor) may have of the institution which must guarantee the principles of legality and impartiality when cases arise. obvious signs of abstention can occur in the person who intervenes?
And he adds: “is an intervention imaginable [en la causa contra García Ortiz] of the lieutenant prosecutor of the Supreme Court, when It directly depends on who the person under investigation is. And on whom does its possible renewal depend? Is it admissible that she or any other prosecutor of the Chamber, like those who make up the Fiscal Council, intervene in the criminal procedure when the Attorney General of the State himself has asked the College of Prosecutors for its opinion? ? Prosecutors to the court and to the Tax Council after reporting their version extra-procedurally, what report will the prosecutor in charge make upon request and to whom will he report?
“More simply, how do we perceive ourselves? Is this anomaly acceptable? Can the institution and our own perception of it continue to deteriorate? Are we going to remain silent, even in conversations between us?” , he emphasizes.
The AF believes that the tax career should give “much more”. “The situation requires us to react,” he said.