2023-06-22 13:10:56
Anti-drug prosecutor Luis Ibáñez has appealed to the Supreme Court (TS) the appointment of Dolores Delgado as prosecutor for Democratic Memory and Human Rights, according to sources from the Public Ministry.
Ibáñez was one of the candidates for the position along with the former Minister of Justice herself, the provincial prosecutor of Guipúzcoa Juan Calparsoro and the prosecutor of the Court of Accounts Carlos Castresana. But, finally, in a controversial Fiscal Council, the Attorney General of the State Álvaro García Ortiz (who had brought forward the call of the Plenary after Pedro Sánchez announced the call for general elections) proposed on the 8th for the position to his predecessor, against of the majority of the members of the advisory body, a designation endorsed by the Government of Pedro Sánchez.
The appeal of the Anti-drug prosecutor may not be the last to reach the Contentious-Administrative Chamber of the high court – which also has another appeal on the table against the previous appointment of Delgado as a robed prosecutor of the Supreme Court, which led to his promotion to the highest category of the race.
Two associations think about it
Two of the three tax associations, the majority Association of Prosecutors (AF) and the Professional and Independent Association of Prosecutors (APIF) are studying taking the controversial appointment to the high court, understanding that the attorney general opted for Delgado (who in turn He was the one who, at the head of the Prosecutor’s Office, placed García Ortiz as his “number two”, at the head of the Technical Secretariat) without the mandatory report from the Fiscal Council (seven members were absent from the vote) by refusing to postpone the debate until determine if Delgado incurs a possible cause of incompatibility due to his relationship with the former judge of the National Court Baltasar Garzón, in charge of a foundation, Fibgar, specialized in the defense of human rights.
These two associations intend to transfer the case to the European Commission when it completes its annual report to assess the situation of the rule of law in Spain.
The Baltasar Garzón International Foundation (Fibgar) described as “patriarchal” the questioning of Delgado’s competence for the position due to his relationship with the former judge of the National Court. In a statement, he assured that “reducing the work of the foundation to the figure of its president, a man, and even worse, suggesting that the impartiality of a person, a woman, is compromised by a personal relationship, is patriarchal, and we cannot but publicly reject it.”
Apart from reviewing his promotion to Chamber Prosecutor, the Supreme Court must also rule on an appointment made by Delgado when he was State Attorney General: the appointment of Eduardo Esteban as Prosecutor for Minors, which was appealed against by another of the candidates, José Miguel de the Rose. The appointment was annulled by the high court in April 2022 for lack of reasoning, but two months later Delgado reiterated the appointment, which was appealed by both De la Rosa and the Association of Prosecutors.
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