Spain is witnessing a new round of controversy surrounding the trial of former Attorney General Álvaro García Ortiz. The Association of Progressive Prosecutors (Unión Progresista de Fiscales, UPF) has filed an official appeal to the United Nations, voicing concern over a series of procedural violations and raising questions about the independence of the judicial system.
In a letter addressed to the UN Special Rapporteur on the Independence of Judges and Lawyers, prosecutors detailed what they consider serious deviations from international standards in the García Ortiz case. Specifically, they pointed out the concentration of key decisions in the hands of a small group of judges, the use of excessively harsh investigative measures, and the public conduct of certain court members, which, in the association’s view, was inconsistent with the principles of impartiality.
Criticism of the proceedings
One of the main reasons for the appeal to the UN was the Spanish Supreme Court’s announcement of García Ortiz’s guilt before the verdict had even been drafted. According to UPF, this undermines trust in the judicial system and violates the defendant’s right to a fair defense. Prosecutors note that no democratic country allows a judgment to be issued without proper reasoning, and that such practices risk eroding public trust in government institutions.
In addition, the association points out that the same judges participated in all stages of the case: from hearing complaints to delivering the final decision. According to UPF, this creates an appearance of bias and contradicts the fundamental principles of judicial independence enshrined in UN documents.
Prosecutors’ response
In its statement, UPF emphasizes that its goal is not to discredit the Spanish judicial system, but to protect it from internal errors and strengthen its legitimacy. Prosecutors are calling on the UN to conduct an independent review of the situation, assess how well the court’s actions align with international standards, and consider visiting Spain to examine the impact of this case on the entire justice system.
There is particular concern over the fact that some members of the court reviewing the García Ortiz case attended events organized by legal entities acting as the prosecution while the verdict was being deliberated. UPF believes such actions could be seen as a breach of the principle of neutrality and further undermine trust in the process.
Details of the verdict
The court’s decision in the García Ortiz case was reached by majority vote: five judges voted for conviction, while two were against. As a result, the former Attorney General was found guilty of disclosing confidential information and sentenced to a €7,200 fine, along with a two-year suspension from office. Additionally, he was ordered to pay €10,000 in compensation to Alberto González Amador, a partner of the head of the Madrid government, and to cover court costs, including private prosecution expenses.
The UPF notes that such a swift announcement of guilt, without the published text of the verdict, not only violates the rights of the accused but also sets a dangerous precedent for the entire country’s judicial system. Prosecutors emphasize that such actions may undermine public trust in the justice system and jeopardize the principle of separation of powers.
Structural problems
The Prosecutors’ Association highlights that the García Ortiz case is not merely a dispute over legal technicalities, but an example of systemic issues that could affect any participant in the judicial process in Spain. In their view, these violations have the potential to disrupt the balance of powers and undermine the foundations of the rule of law.
UPF believes that the situation calls not only for internal review of practices but also for international attention. Prosecutors stress the need to revise procedures to prevent similar cases in the future and to restore public trust in the judicial system.
In case you didn’t know, UPF is one of the most influential associations of prosecutors in Spain, bringing together experts who advocate for reforms and transparency in the justice system. Before being appointed Attorney General, Álvaro García Ortiz was an active member of this organization. His potential successor, Teresa Peramato, is also associated with UPF and previously led the association. UPF regularly launches initiatives to protect the independence of judges and prosecutors as well as to ensure compliance with international standards in the Spanish judicial system.
