The Supreme Court of Spain (Tribunal Supremo) has decided not to temporarily suspend Álvaro García Ortiz from his duties as the country’s Attorney General. The matter was under review as part of a criminal investigation into a possible leak of confidential information that could have affected Alberto González Amador, partner of Madrid regional president Isabel Díaz Ayuso.
The Association of Professional and Independent Prosecutors (APIF), acting as a private prosecutor in the case, sought the temporary removal of García Ortiz during the investigation. However, the judges of the appeals panel unanimously rejected this request, stressing that such decisions fall under the competence of the Prosecutor’s Office leadership, not the judicial system.
In their reasoning, the judges stated that the temporary suspension of the Attorney General is an administrative action that can only be initiated by the Ministry of Justice leadership. According to them, judicial intervention in this process would upset the balance of powers between branches of government and affect the independence of the Prosecutor’s Office as an autonomous institution.
The judges also emphasized that neither current legislation nor the statutes of the Prosecutor’s Office provide any special procedure for the temporary removal of the Attorney General during a criminal case. In their view, such a severe measure is unjustified, as it would neither affect the progress of the investigation nor serve its objectives.
Earlier, the presiding judge also denied the request to temporarily suspend García Ortiz, citing the lack of direct legal grounds for such a measure. He pointed out that the head of the prosecutor’s office is not considered a member of the prosecutorial career in the traditional sense, and therefore, standard administrative procedures applied to other staff members do not apply to him.
The trial regarding the possible disclosure of classified information will begin in early November. On the first day of hearings, the prosecutor—who previously accused González Amador of tax fraud—is expected to speak. The proceedings are set to conclude in mid-month, when both sides will present their closing arguments.
