The PP announced this Monday that it is preparing to file a complaint for prevarication against the State Attorney General, Álvaro García Ortíz, for the appointment of his predecessor, Dolores Delgado, as prosecutor of the Supreme Court.
The PP highlights that Álvaro García Ortiz, whose appointment the General Council of the Judiciary did not see as appropriate, because he was not an ideal profile for the position, committed a misuse of power, as determined by the Supreme Court in a ruling of November 21, appoint Delgado, who was Minister of Justice in the first Government of Pedro Sánchez, as prosecutor of the Supreme Court.
This deviation of power, declared in the administrative sphere, according to the PP, “can also entail a crime of prevarication” according to article 404 of the Penal Code, which establishes that “To the authority or public official who, knowing of its injustice “, dictates an arbitrary resolution in an administrative matter will be punished with the penalty of special disqualification for employment or public office for a period of seven to ten years.”
The former minister, remembers the PP, has recently been accused by an anti-corruption prosecutor of removing her from relevant investigations due to the commercial interest of her partner, former judge Baltasar Garzón, who in turn was removed from the judicial career due to an instruction out of order and against the interests of the Popular Party.
The Popular Party denounces that “Sánchez appointed his Minister of Justice as Attorney General. The former Minister of Justice leaves the position to García Ortiz” and he “now gives her a position that has already led to the reproach of her colleagues and an appeal to the Supreme Court by an association of prosecutors”.
The Prosecutor’s Office is currently an appendix of the Government and the prosecutor acts as Minister number 23 of Pedro Sánchez because the President of the Government demands it.
Álvaro García Ortiz has already participated in PSOE campaign events in Galicia against Alberto Núñez Feijóo, which accredits his commitment to the acronym of the PSOE and to the political and organizational needs of Pedro Sánchez.
Doubts about the impartiality of said body are added to the legitimate questioning about the independence of the members of the TC who have been Sánchez’s ministers, attorney generals appointed by Zapatero or senior officials in Moncloa with the current socialist Government.
The depoliticization of Justice is a necessity in any democracy, but even more so in one in which the President of the Government is Pedro Sánchez.
