The attorney general justifies the recusal of TS magistrates and vindicates his "right" to defend himself

He denounces an "identity of objectives" within the associations of judges and prosecutors with "certain political parties"

MADRID, 9 May. (EUROPA PRESS) -

The State Attorney General, Álvaro García Ortiz, has justified the challenge in which he requests that four judges of the Supreme Court not take charge of the appeal against his renewal and decide whether or not he continues in office, alleging that "it is healthier" than "other eyes" examine the allegation and not those who have accused him of having incurred a misuse of power. Furthermore, he has claimed his "legitimate right" to defend himself.

In an interview on Cadena Ser, collected by Europa Press, García Ortiz has defended that it is "quite sensible" for other people to study the appeal of the Professional and Independent Association of Prosecutors (APIF) against his renewal, given that the four The magistrates who are asking to be removed are the same ones who this week agreed to annul Delgado's appointment as Chamber Prosecutor of the Office of the Prosecutor for Human Rights and Democratic Memory.

"If the argumentative basis of that claim is that I have incurred in a misuse of power, that the same magistrates who have said that I have incurred in a misuse of power have to judge themselves, it does not seem the most convenient to me. It is healthier for other eyes to examine whether that allegation can be refuted or not," explained the attorney general, ironically saying that these days he has been compared "even with (Carles) Puigdemont."

Of course, he has stressed that if 'Room 61' does not accept his challenge "he will have his reasons" and it will be "as perfectly legal and legitimate to raise the challenge as it is resolved to go to that lawsuit" and exercise his rights to defend himself. "Exercising what the norm says, what the law says, to defend yourself or to defend a thesis or a claim, can never be the object of manipulation or discussion," he added.

Asked if he feels persecuted by the Supreme Court after the annulment of the appointment of Dolores Delgado as prosecutor of Democratic Memory, he indicated that "no one can feel persecuted" by the TS, since an attorney general "cannot feel that he is persecuted." absolutely.

On the other hand, the State Attorney General has spoken out about the politicization of justice and has assured that although he does not believe that it can be said that there is "complicity" between the judiciary and political parties, there is an "identity of objectives" within judicial associations with "certain political parties."

"I cannot say that in the exercise of their profession the members of the Judiciary and the political parties are combined. What I do believe is that there is an identity of objectives sometimes between corporate elements within the judicial and prosecutorial associations, there is identical objectives as those of certain political parties," he expressed.

García Ortiz has admitted that there is "a very interesting underlying debate" about whether it would be better for associations of judges and prosecutors not to publicly express their ideological identification, since the law prohibits them from "being part of political parties or unions." . "When they merge, maybe we are confusing the focus a little," she added.

However, he is confident that society "has evolved" and that freedom of expression "is a treasure that we all have", which is why he believes that institutions "have to provide other types of solutions that are not specifically jurisprudential" and that In any case, it must be "the legislator" who puts this reflection "in the norm."

On the other hand, he has assured that the Senate's disapproval against him is "an error of conception" of the Upper House of what the Public Prosecutor's Office is and the Attorney General of the State is a democracy, because he is not seen as "a political actor".

"The fact that the Senate sees the attorney general as a political actor, the truth is that turns around the entire consideration that they themselves argue, that the attorney general of the State is not a political actor and that he cannot be terminated by the Government. Really, that is the problem," García Ortiz argued.

In this sense, he has indicated that the Senate's disapproval does not make him consider his resignation because he is the attorney general of the State "of the PP, of Vox, of the PSOE, of Junts, of ERC and of any citizen of this country."