The General Council of the Judiciary came out this afternoon in defense of the judge of the National Court Manuel García-Castellón following the words of the third vice president of the Government, Teresa Ribera, who questioned the impartiality of the instructor in the Democratic Tsunami case.
Although Government sources have clarified that the Executive defends the impartiality of judges and judicial independence, Ribera's words have once again caused a fire within the Judiciary, with criticism from three of the four judicial associations. These statements have torpedoed the work of the Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños, who for weeks has been insisting to different actors in the Judiciary the Government's defense of judicial independence.
García-Castellón himself already had to ask the CGPJ for protection due to the statements of several political leaders. The root of the focus in this magistrate is the imputation to the former president of the Generalitat Carles Puigdemont for a crime of terrorism in the cause of the Democratic Tsunami in full negotiations to introduce an amnesty law linked to the process.
The Permanent Commission understands that these manifestations are "contrary to the principle of institutional loyalty, to the general duty to respect judicial independence inherent to a consolidated rule of law and member of the European Union, one of whose essential values is the separation of powers, essential to make the value of Justice a reality".
In an interview, Teresa Ribera has pointed out that the magistrate has a “love” to always speak “in the same direction” in his instructions and to make decisions “at a particularly opportune moment.”
From the body of judges, it is considered "essential" to reaffirm that the actions of the Judiciary, "an essential institution in every democratic society, pursue at all times compliance with the Law and the defense of the rights recognized to all Spanish citizens. foundation of our Social and Democratic State of Law".
For the Permanent Commission, the minister's statements "decrease" the confidence of our fellow citizens in Justice and "contribute to institutional deterioration; they deserve a resounding rejection, especially if they interfere with an ongoing investigation of the facts."
Therefore, as the General Council of the Judiciary has already done over recent years on the occasion of other pronouncements by members of the Executive Branch in relation to court actions, this Permanent Commission "appeals for moderation, prudence and restraint." and to institutional responsibility to avoid the political use of Justice or the questioning of the independence, impartiality and professionalism of the judges that make up the Judicial Branch."
Previously, the majority association of judges, the conservative Professional Association of the Judiciary (APM), had issued a statement warning that "it is not acceptable" for a member of the Government to "veiledly accuse a judge of prevaricating; it causes us enormous sadness, - although nothing surprises us anymore - that the Government itself assumes the discourse of those who talk about 'lawfare' and the judicialization of politics."
In parallel, the Criminal Chamber of the National Court has rejected an appeal filed by the defense of some of the investigations in the case of Tsunami Democràtic, a platform that organized riots in Catalonia in response to the procés sentence handed down by the Court Supreme in 2019.
The court, chaired by Alfonso Guevara, sees "the defense's allegations regarding an "alleged political motivation" by García-Castellón as "absolutely rejectable" as a judicial response to the investiture agreement between the political parties PSOE and Junts per Catalunya and to the proposal amnesty law presented by the PSOE parliamentary group.
In an order to which La Vanguardia has had access, the Court also rejects that the proceedings ordered by the instructor - such as those regarding the deceased at the Prat airport on the day of the riots promoted by TD or the complaint to NATO about the incidents that day - are part of a prospective or erratic instruction.
It also rejects that the investigation into the death of the French citizen on October 14, 2019 is "res judicata" after a Court in L`Hospitalet de Llobregat dismissed the proceedings after his death.
