The Board of Court Prosecutors has adopted the decision by 19 votes in favor, 12 against and one abstention
The Board of Court Prosecutors has endorsed this Wednesday the position of the lieutenant prosecutor of the Supreme Court, Ángeles Sánchez Conde, of requesting the file of the complaint filed by the partner of the Madrid president Isabel Díaz Ayuso against the chief prosecutor of Madrid, Pilar Rodríguez, and the economic crimes prosecutor Julián Salto for alleged revelation of secrets following a press release issued on March 14 by the Madrid Prosecutor’s Office.
Tax sources have informed Europa Press that the decision has gone ahead with 19 votes in favor, 12 against and one abstention. After six hours of deliberation – with recess included – the board has supported the position of Sánchez Conde, who defended that there is no crime and there is no evidence against the defendants, compared to the criteria of the prosecutor María de la O Silva, who proposed to investigate before informing the judge in favor or against admitting the complaint.
The same sources have specified that, unanimously, the board has concluded that communications between the prosecutors in the case and the attorney general, Álvaro García Ortiz, should not be intervened before reporting in favor or against the admission of the complaint, as Silva proposed.
It should be remembered that the Board of Court Prosecutors has an advisory nature and that, once heard, Sánchez Conde could ratify his decision to request the file or correct it without the obligation to adhere to the criteria of the majority.
The prosecutorial leadership arrived at the headquarters of the Attorney General’s Office at 9:30 a.m. divided by the confrontation between Sánchez Conde and Silva over whether the chief prosecutor of Madrid and the economic crimes prosecutor should be investigated for alleged revelation of secrets as a result of the press release regarding the defense of Alberto G.A., Díaz Ayuso’s partner, for the procedure opened against him for alleged tax fraud and document falsification.
The disagreement arose from the fact that Silva – who must inform the Superior Court of Justice of Madrid (TSJM) whether he is in favor or against admitting the complaint – wanted to investigate the communications between Rodríguez, Salto and the State Attorney General himself. to find out how the decision to publish that press release was reached; while Sánchez Conde defended that the pertinent thing was to request the filing of the complaint, as was already done with the one presented by the Illustrious Bar Association of Madrid (ICAM) for the same facts.
Given this discrepancy, Silva invoked article 27 of the Organic Statute of the Public Prosecutor’s Office (EOMF), according to which when a prosecutor “receives an order or instruction that he considers contrary to the laws or that, for any other reason, he considers inadmissible,” he will transfer to his superior and, if the discrepancy persists, he may convene a Board of Court Prosecutors.
According to the sources consulted, the attorney general has abstained from the matter because he is aware of the facts, which is why he was not present at this Wednesday’s meeting. Prosecutor José Luis Bueren, who has retired, and prosecutors Antonio Vercher, Elvira Tejada, Alejandro Luzón and Jesús José Tirado, who have excused his presence, have also not attended.
19 FOR, 12 AGAINST
Thus, 32 Chamber prosecutors have sat at the table, of which 15 are members of the Progressive Union of Prosecutors (UPF) – an association close to the attorney general – including two former heads of the Public Ministry, Dolores Delgado and María José Segarra, who have supported Sánchez Conde’s position.
Another 8 belong to the Association of Prosecutors (AF), including the former magistrate of the Constitutional Court Antonio Narváez. The remaining 9, for their part, are not affiliated with any association, like the former chief anti-corruption prosecutor Manuel Moix.
The sources consulted have specified, however, that not all prosecutors have voted in line with their association colleagues; something common on the board, given that its members do not always vote in blocks.
According to the same sources, the four prosecutors of the ‘procés’ – Javier Zaragoza, Consuelo Madrigal, Jaime Moreno and Fidel Cadena – have been part of the 12 who have voted against the criterion of the ‘number two’ of the Public Ministry.
SIX HOURS OF DEBATE
The sources consulted have indicated that Sánchez Conde was the first to intervene. He has defended that the file of the complaint filed by Díaz Ayuso’s partner against the prosecutors of the case for alleged revelation of secrets should be requested, not only because he understands that there is no evidence of a crime, but because the Prosecutor’s Office has already ruled in this regard. on April 9 about the ICAM complaint for the same facts, which is why it advocates maintaining unity of criteria.
Likewise, the lieutenant prosecutor has insisted that the Supreme Court’s own jurisprudence establishes that disseminating data that is already circulating does not violate the duty of confidentiality.
It is worth remembering that the Madrid Prosecutor’s Office, in opposing the admission of the ICAM complaint, defended the “constitutional legitimacy” of the press release issued and assured that, on the basis of data already released, it tried to address information “untrue.”
Sánchez Conde already conveyed these arguments – verbally – to Silva, who proposed that investigative procedures be carried out within the Prosecutor’s Office itself before issuing a report to the TSJ of Madrid, where the complaint has been filed since the prosecutors enjoy the status of qualified persons.
This Wednesday, after the intervention of the lieutenant prosecutor at the meeting, Silva took the floor to explain his position. Subsequently, he has been followed by the rest of the prosecutors from junior to senior. At 12:30 p.m., however, the conclave was suspended because a farewell ceremony for the Chamber Prosecutor José Luis Bueren was planned for his retirement.
At 3:00 p.m., the board resumed the debate so that the prosecutors who had not yet established a position could speak out. Finally, around 6:00 p.m., the majority endorsed Sánchez Conde’s position of asking to file the complaint filed by Díaz Ayuso’s partner.
Now that the Prosecutor’s Office’s criteria have been set, Silva has two options: inform the TSJM in favor of filing the complaint or withdraw.
