The Fiscal Council unanimously protects the prosecutors of the 'procés'

The State Attorney General, Álvaro García, still does not satisfy part of the prosecutor's career due to his lack of forcefulness when condemning the accusations of lawfare against prosecutors linked to the process and the direct attacks on them.

Oliver Thansan
Oliver Thansan
20 December 2023 Wednesday 03:25
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The Fiscal Council unanimously protects the prosecutors of the 'procés'

The State Attorney General, Álvaro García, still does not satisfy part of the prosecutor's career due to his lack of forcefulness when condemning the accusations of lawfare against prosecutors linked to the process and the direct attacks on them. After around twenty prosecutors from the Supreme Court demanded their support in this situation, as did several boards of provincial prosecutors, what García did do yesterday, along with the rest of the Fiscal Council, was to provide protection to the members of the Public Prosecutor's Office who They acted or act in all the procedures derived from the independence process.

He had been complaining for weeks. This agreement was signed yesterday unanimously after everyone agreed to withdraw the terms “recognition” and “support” from the Council, as initially demanded by the conservative and majority Association of Prosecutors. However, García did not have the same support to make an institutional statement in light of the latest events.

Sources from the Fiscal Council explain that the majority of members refused to sign it due to the "lukewarmness" of the attorney general, by not making reference to lawfare, that is, to an alleged judicial persecution against independence leaders for their ideas, as maintained Together and ERC. The discomfort in the judiciary came mainly from the agreement signed by the PSOE and the party of the former president of the Generalitat Carles Puigdemont in which mention was made of this persecution and the ban was opened on convening investigative commissions in Parliament in which could summon judges questioned.

Finally, the institutional declaration has been personal to the attorney general, with the signature of the two natural members of the body and the support, although they have not signed it, of the two members of the Progressive Union of Prosecutors. Council sources have explained that the rest have refused to sign the declaration due to the “lack of commitment” to justice in these moments of maximum tension.

In the statement, the attorney general shows "his support and defense of any prosecutor who could be disturbed in his duties, including, of course, any of the prosecutors who have intervened in the various cases related to the independence process in Catalonia." Regarding the request of some members that García comment on the accusations and insults made by Junts spokesperson Miriam Nogueras during her speech in Congress, García recalled that deputies and senators “enjoy inviolability for the opinions expressed in the exercise of their functions.”

Regarding the proposed organic amnesty law, he once again warned that a statement or opinion of the Fiscal Council, as some members have stated, “would exceed the powers that this body has legally attributed.” In his opinion, it would mean interfering in the powers of both a branch of the State, such as the legislature, and in the powers that correspond to other bodies of the Public Prosecutor's Office, which must later intervene in the possible application of the rule. The one who does not show even an iota of tepidity in this matter is the president of the General Council of the Judiciary (CGPJ), Vicente Guilarte, who returned yesterday to the charge against Nogueras' words. “We are not indecent. "I would like to never hear it again, because these words showed infinite contempt for people's own dignity, designating those who have done nothing but comply with the demands of the established constitutional order," he insisted at the CGPJ Justice and Disability Forum.

Guilarte thanked the Government for its position against the presence of judges in the investigative commissions, although he reproached the PSOE for signing the agreement with the mention of lawfare, which would have saved the current "tensions." “Please, do not disappoint us, insist on the correct line taken, which we will appreciate,” he demanded.