The Executive appoints a Prosecutor for Democratic Memory and Human Rights and claims that the process has been "transparent"

MADRID, 13 Jun. (EUROPA PRESS) -

The Government has agreed this Tuesday to appoint the former State Attorney General, Dolores Delgado, as the new prosecutor for the Democratic Memory and Human Rights Chamber, thus agreeing to the proposal made by his successor in office, Álvaro García Ortiz, despite the opposition from the majority of the Fiscal Council, which has warned that it could be a null appointment.

This was announced by the Minister Spokesperson for the Government, Isabel Rodríguez, at the press conference after the Council of Ministers held this Tuesday, claiming that the procedure has been "absolutely transparent" because both the bases and the attendance at this call for places in the Prosecutor's Office have been published in the Official State Gazette (BOE).

Rodríguez also wanted to clarify that this designation "does not mean a promotion" for Delgado. The former head of the Public Ministry was promoted to the highest category -- room prosecutor -- last September, also by decision of García and Ortiz and against the majority of the Fiscal Council, which supported another candidate.

Likewise, he has defended that "the Government acts in the power that corresponds to it" in accordance with the Law of Democratic Memory, by which that square was created. In line, he has stressed that this law "comes to care and respond to these victims." "And the right thing is not to deprive them of that opportunity," he added.

The Minister of Justice, Pilar Llop, has brought the proposal for the appointment of Delgado to the Council of Ministers this Tuesday after the State Attorney's Office concluded in a report, commissioned by Llop herself, that there was no legal margin for not raising it to the government table, according to sources consulted by Europa Press.

These movements are part of the controversy unleashed last Thursday, when García Ortiz agreed to award Delgado the position of Democratic Memory and Human Rights against the majority of the Fiscal Council, which understands that the former attorney general could incur a cause of incompatibility. for her sentimental relationship with the former judge of the National Court Baltasar Garzón, who runs a foundation dedicated to Human Rights.

On Monday, the Association of Prosecutors (AF) and the Professional and Independent Association of Prosecutors (APIF), which make up 7 of the 11 members in charge of informing the State Attorney General regarding discretionary charges, sent separate letters to the Government warning of that the proposed appointment of Delgado could be void because he did not comply with the legal process.

Specifically, the AF addressed Llop in a letter to urge her not to transfer said proposal to the Council of Ministers. AF and APIF argued that, since its 7 members decided not to participate in the deliberation and vote on the aforementioned position, García Ortiz did not listen to the Plenary --mandatory procedure--, which prevents Delgado's election from being valid.

In addition, both associations warned that if the Government goes ahead with the appointment of Delgado, it may end up being appealed in court. In fact, the lieutenant prosecutor of the Court of Accounts, Luis Rueda, has appealed to the Supreme Court the promotion of the former State Attorney General as military prosecutor in that same judicial headquarters, a position for which he also competed.

Delgado took over the position in the Military Chamber of the Supreme Court after a plenary session held on September 22 where the majority of the Fiscal Council supported Rueda, a prosecutor specializing in the military. With this appointment proposal, later ratified by the Government, the former head of the Public Ministry was promoted to the highest category: courtroom prosecutor.