The Supreme Court has annulled the appointment of Dolores Delgado as prosecutor of the Democratic Memory Chamber. The Contentious-Administrative Chamber of the Supreme Court has today upheld the three appeals presented against the Royal Decree, of June 13, 2023, by which the former State Attorney General was appointed as prosecutor of the Chamber of the Prosecutor’s Office in Matters of Human Rights and Democratic Memory.
The decision has been adopted by majority. The magistrates have agreed to annul the appointment proposed by the current attorney general, Álvaro García, and the retroaction of actions so that the Fiscal Council can rule on whether or not there is incompatibility.
The Contentious-Administrative Chamber has adopted this decision after studying the appeals of the Association of Prosecutors (AF), the Professional and Independent Association of Prosecutors (APIF) and the anti-drug prosecutor Luis Ibáñez, who was also running, against the appointment of Delgado at the head of Democratic Memory.
The three appeals demanded that the Supreme Court declare the nullity of this appointment and take the proceedings back to the moment before Delgado’s appointment. The signatories alleged that the decision was not valid because García Ortiz did not give the Fiscal Council the option to study whether it incurred a cause of incompatibility, because his partner, the former judge of the National Court Baltasar Garzón, directs a foundation dedicated to the defense of Human Rights. Humans.
The head of the Public Ministry proposed appointing Delgado, despite the fact that he did not have the majority support of the Fiscal Council, an advisory body currently with a conservative majority. The forecast is that the Fiscal Council will once again oppose the appointment due to incompatibility.
The Supreme Court has already annulled the appointment of Delgado as Chamber prosecutor, a promotion granted by García when he replaced him in office as top prosecutor. The court already said that García, who had been Delgado’s number two in the FGE, committed a “misuse of power.”
