The attorney general defends that Delgado is the best candidate for Democratic Memory and recalls the exhumation of Franco

It highlights her "legal brilliance", her "directive abilities" and her "institutional baggage" as minister and FGE

MADRID, 12 Jun. (EUROPA PRESS) -

The State Attorney General, Álvaro García Ortiz, has vindicated his immediate predecessor in office, Dolores Delgado, as the best candidate for prosecutor of the Democratic Memory and Human Rights Chamber, pointing to her "legal brilliance" and her "managerial abilities and coordination", as well as recalling some of his most outstanding works, including his intervention in the exhumation of the dictator Francisco Franco del Valle de Cuelgamuros.

This is stated in the brief for the appointment of Delgado for this position, where García Ortiz explains the reasons that last Thursday led him to opt for the former State Attorney General over the other three candidates for the position --among them the candidate Spanish chief prosecutor of the International Criminal Court (ICC) in 2021, Carlos Castresana-- against the majority of the Fiscal Council, which chose not to participate in the awarding of this position.

This circumstance has led the Association of Prosecutors (AF) and the Professional and Independent Association of Prosecutors (APIF), which add up to 7 of the 11 members of the Fiscal Council called to report on discretionary charges, to notify the Government that the appointment proposal would be null and void for not having complied with the legal process, that is, listening to the entire Plenary.

In the letter, to which Europa Press has had access, the head of the Public Ministry affirms that "Delgado has extensive jurisdictional experience in the investigation and prosecution of crimes against humanity and violations of Human Rights, both nationally and internationally, superior to that of the rest of the candidacies presented".

Specifically, he highlights "his legal brilliance", "his exhaustive mastery of criminal law and criminal procedure demonstrated in his long career as a prosecutor", and his experience and deep and up-to-date knowledge of the subject matter of International Human Rights Law, Law Humanitarian International and the regulations on democratic memory".

It also highlights "his managerial and coordination skills, his predisposition and proactivity when facing the most diverse challenges of the tax career" and "his institutional baggage".

As for the latter, he stresses that Delgado has exercised "two of the highest responsibilities that a jurist can perform: State Attorney General and Minister of Justice."

From his time as a member of the Government, García Ortiz values ​​that Delgado was in charge of "directing the file for the exhumation and subsequent burial of the remains of the dictator Francisco Franco and his attendance at the act as Mayor Notary of the Kingdom."

It also praises "the investigation and recognition of the Spanish in the concentration camps of Mauthausen and Gusen, and the reactivation of the reparation procedures for the victims, as well as the rest of the activities in terms of exhumation protocols, maps of graves, and others".

García Ortiz puts the magnifying glass on Delgado's career as a prosecutor to emphasize that she has more than 33 years and 5 months of seniority, which makes her "the candidate with the highest rank."

He emphasizes his two years as State Attorney General to highlight the fact that, a few days after his appointment, "he had to face one of the most complex and important moments not only for the Spanish Prosecutor's Office, but also for all of society : the health crisis caused by the pandemic". "The agile and accurate response of the institution under his coordination and direction gives ample proof of his capabilities," he affirms.

It also highlights "the report on the Draft of the Criminal Procedure Law, of July 7, 2021, which was a milestone for the institution as it was the first time that the Prosecutor's Office reported on a comprehensive reform of the Spanish criminal justice system" .

"The work system established by Delgado for its preparation reflects a conception of the Prosecutor's Office that I share: in constant search for legal excellence and the best public service, coordinated and transversal, for the benefit and optimization of the capacities and strengths of the institution with in order to make them available to the administration of justice and to society," he says.

Regarding the last stage, he estimates that Delgado's actions "allowed Spain to be a pioneer in an institutional collaboration that had never taken place until then", ordering the National Court Prosecutor's Office to initiate an investigation "to preserve the probative material and channel assistance to the Ukrainian authorities" after the Russian invasion.

In the same way, he reviews Delgado's stay in the National Court, as coordinator of jihadism and for "her intervention in some of the most important processes against terrorism in our country, such as operations 'Nova', 'Chacal ', 'Génesis', 'Camaleón', 'Tigris', 'Espiral', 'Javer', 'Kibera', 'Salinas' or 'Caronte', as well as the procedure related to the terrorist organization Boko Haram or the attack against the Embassy of Spain in Kabul".

Of Delgado's passage through the National Court, he also mentions "the celebration, in 2005, of the first trial in Spain for crimes against Humanity, for crimes of genocide, terrorism and torture committed during the Argentine military dictatorship, the so-called 'case Scilingo and flights of death'".

And, "in the international arena, her experience as a collaborating prosecutor of the International Criminal Court for the investigation ordered by the United Nations Security Council in the so-called 'Libya case', regarding the repression of the Muammar regime, is of particular relevance. Gaddafi," he adds.

For García Ortiz, "these are procedures and trials of great technical complexity, which require not only constant updating in substantive law, but also a deep knowledge of criminal law, criminal procedure and constitutional law, as well as mastery of the ordinary, constitutional and international jurisprudence".

To all this, the attorney general adds that "the action plan proposed by Delgado is, without a doubt, the most complete and exhaustive of all those that have been presented" for the Democratic Memory and Human Rights square.

In this sense, it states that "it starts from a deep knowledge of both the subject and the institution itself, its structure and operation, as well as its statutory and organizational regulation."

In addition, it considers "the vocation of transversality, cooperation and optimization of resources and efforts, and the promotion of teamwork that exudes the project presented to be of great relevance".

He also sees as "particularly important the strengthening of international activity that is specifically addressed, as well as everything related to the care of victims that is also the object of treatment."