May 17, 2022 7:45 am

The members of the Association of Prosecutors take Delgado to court for denying them access to the Stampa case




The members that represent the Association of Prosecutors in the Fiscal Council (body that represents the career) They have decided to take to court the refusal of the State Attorney General, Dolores Delgado, to give them the information they had requested in the Stampa case. As ABC has learned, in the next few hours it will announce a contentious-administrative appeal before the Superior Court of Justice of Madrid (TSJM).

The members wanted to verify if the investigation of this prosecutor (as a result of the references made to him in the Podemos lawyers’ chat and in the framework of the Tándem case) was unnecessarily prolonged to arrive with it open to the Fiscal Council in which eight seats were in contention in Anticorruption to which Stampa opted.

This is what prosecutor Carlos Ruiz de Alegría insinuated in statements to ABC, in whom the proceedings opened against his partner fell and who also belongs to the Progressive Union of Prosecutors, the same association as Delgado. In the opinion of this prosecutor, there was a “sybylline and twisted” maneuver by the chief prosecutor of the Technical Secretariat, Álvaro García Ortiz, Delgado’s right-hand man, to “twist” research and keep it alive when it was already exhausted. It so happens that Stampa was carrying, together with Miguel Serrano, a case in which Garzón’s office, partner of the attorney general, defends three defendants.

Among the information that the members of the Association of Prosecutors had requested to clarify this point was the list of lawyers involved in the Tandem case in the National High Court, the prosecutors who have carried out these proceedings since their initiation and the confirmation whether Garzón’s office has defended one or more of those investigated. Also the proceedings opened to Stampa and, within the framework of the same, the “suggestions” of García Ortiz to the Madrid Prosecutor’s Office urging him to investigate further. The members also asked about Delgado’s abstention file –if there is one– in relation to the proceedings opened against Stampa. They consider that the attorney general should have refrained as she was an affected party (article 15.2 of the Internal Regulations of the Fiscal Council).

Days after requesting this information, Delgado invited the members to obtain information about the lawyers in the Tándem case at the Central Court of Instruction number 6 of the National High Court, where all the pieces related to Commissioner Villarejo are instructed, something that the Vocals did not convince, since they consider that it is the obligation of Delgado herself to provide these data in her capacity as president of the Fiscal Council.

Regarding whether there is any record of Delgado’s abstention in relation to the proceedings opened against this prosecutor (the AF considers that the attorney general should have abstained as she was an affected party, by virtue of article 15.2 of the Internal Regulations of the Fiscal Council), Delgado communicated directly that there is not. His explanations have not convinced the representatives of the majority association of prosecutors.

“Express and reasoned”

From the outset, the members of the AF maintained that the Stampa case cannot be considered a reserved matter “Because its knowledge is necessary for the exercise of the functions of the Fiscal Council and because the interested party – the only one who can be affected – has requested its disclosure.” «(…) We understand that the consideration as reserved and the refusal to communicate this documentation to the Fiscal Council, does not help to clear up the doubts created and affects article 23.2 of the Spanish Constitution that establishes the right to exercise public office without disturbance illegitimate, for which we demand an express, reasoned and non-restrictive response, as it is an essential request for the exercise of our functions”, they maintained in the request for information to Delgado

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