Spain is witnessing a renewed debate over its judicial system after the Association of Progressive Prosecutors (Unión Progresista de Fiscales, UPF) sharply criticized the Supreme Court. The controversy erupted over the sentencing of a former Attorney General, which the UPF considers a dangerous precedent for the entire legal system. In a published statement, the association expressed deep concern that the court’s decision could undermine the fundamental principles of criminal law.
Prosecutors point out that in this case, the court was unable to definitively establish who exactly leaked the email from lawyer Alberto González Amador to third parties. Despite this, a guilty verdict was issued, which, according to the UPF, signals a shift toward a presumption of guilt. The association emphasizes that now, a conviction can be based merely on the lack of convincing alternative explanations rather than proven guilt.
The statement warns that such a practice poses a risk to any citizen, since the presumption of innocence is what protects people from wrongful accusations. The UPF has criticized the court’s actions before, but this time it has even appealed to the United Nations, asking it to investigate what it describes as serious violations during the proceedings.
A historic precedent
The association emphasizes that the case of the former attorney general goes far beyond a private matter. According to the UPF, this event takes on historic, legal, and democratic significance for the entire country. Prosecutors warn: if trust in the judicial system is undermined, citizens will be left alone against the machinery of government punishment.
The statement stresses that justice must not only be fair, but must also be seen as fair by society. If, after a high-profile trial, a significant part of the public perceives bias or haste, trust in the system inevitably declines, even if the verdict formally complies with the law.
The UPF points out that, in their view, the Supreme Court violated the presumption of innocence by shifting the burden of proof onto the defendant. Instead of requiring the prosecution to prove guilt, the court, according to prosecutors, effectively demanded that the accused prove their innocence. The association believes this approach contradicts the Spanish Constitution.
Internal disagreements
The statement pays particular attention to internal disagreements within the Supreme Court itself. Two judges — Ana Ferrer and Susana Polo — issued dissenting opinions, stating that there was insufficient evidence to prosecute the former attorney general. They also noted that the prosecutor’s press release refuting information circulated by the circle of Isabel Díaz Ayuso cannot be considered a crime.
UPF emphasizes that divisions within the country’s highest court are not merely workplace disputes, but a sign of a serious legal crisis. The association believes that such a situation could weaken constitutional guarantees and increase distrust in the judicial system.
Key points of the ruling
The association also criticized certain conclusions of the court, particularly the fact that the deletion of data from the former Attorney General’s phone was considered additional evidence of his guilt. UPF believes that merging two completely different actions—leaking a letter and publishing a press release—into a single crime is artificial and does not align with the principles of criminal law.
Prosecutors point out that doubts about guilt were not raised externally, but emerged within the court itself. In their view, this is confirmed by the dissenting opinion of judges who insisted on an acquittal due to insufficient evidence.
Overall, UPF insists on the need to review evidentiary standards in criminal cases and a return to the strict observance of the presumption of innocence. The association warns that otherwise the judicial system risks losing public trust and becoming an instrument of pressure, rather than of justice.
In case you didn’t know, the Progressive Prosecutors Association (Unión Progresista de Fiscales, UPF) is one of the largest professional organizations of prosecutors in Spain. It actively participates in public and legal debates, defending the independence of the judiciary and citizens’ rights. In recent years, UPF has repeatedly criticized judicial bodies, advocating for the principles of fair and transparent justice.
