The only person convicted after the deadly Alvia train derailment in Santiago may soon be released: the presiding judge has formally backed a full pardon for Francisco Garzón Amo. More than a decade after the 2013 disaster, which killed 79 and injured 143, the recommendation marks a major turn in the legal process surrounding Spain’s worst rail tragedy in recent years. Information from the Consejo General del Poder Judicial, the Santiago court has begun formally executing the sentence while separately considering whether to suspend or reduce Garzón’s prison term pending the pardon decision.
Judge María Elena Fernández Currás, who led the lengthy trial, has backed a pardon in response to the prosecution’s recent request for clemency. Her report to the Ministry of Justice argues that justice and fairness call for a pardon for the retired train driver. It identifies the Angrois curve’s dangerous design and poor signaling as basic causes of the crash, alongside the driver’s mistake. The prosecution, but, has supported only a partial pardon, as the Santiago district prosecutor confirmed in early September 2026.
Garzón, now 65 and dealing with a respiratory illness, was sentenced in 2023 to two and a half years in prison for gross negligence. The judge notes that he has no prior criminal record, is retired, and has paid or nearly paid all civil liabilities through RENFE’s insurer. She says the risk of reoffending is almost zero. She also mentions Garzón’s ongoing care for his disabled mother, which prosecutors have cited as a reason for leniency. The court and prosecution have both cited humanitarian grounds, including his age and health, with family obligations also part of the case for clemency.
The push for a pardon began with the Semaf train drivers’ union, which has consistently argued that Garzón was a professional caught in a flawed system. The Ministry of Justice will make the final decision, but the judge’s non-binding recommendation carries weight in Spain’s legal process. As of September 8, 2026, she had submitted a favorable report. The decision now rests with the Ministry, as recent Spanish legal coverage has noted.
The judge has insisted that Garzón’s error was not the disaster’s only cause. Her original verdict stressed that the curve at A Grandeira in Angrois was dangerously under-protected and lacked proper warning systems to prevent excessive speed. She maintains that the appeals process never fully addressed these infrastructure problems, even as the only other defendant, former Adif safety director Andrés Cortabitarte, was acquitted after the prosecution dropped charges against him.
Recent legal documents clarify that the pardon issue arose only after the sentence became final and the court began executing it. That timing has intensified debate over whether to suspend or reduce Garzón’s prison term, more than a decade after the accident.
Throughout the proceedings, the court has noted Garzón’s remorse. The judge says some victims have themselves supported the pardon, recognizing that the moral burden on the driver will last a lifetime, whether or not he serves prison time.
Spain’s legal system has faced criticism over its handling of high-profile cases involving public safety and infrastructure. As reported earlier, judicial decisions on national issues often spark debate about accountability and the limits of individual responsibility.
The Alvia case reflects the ongoing tension between human error and systemic failure in Spain’s transport sector. The judge’s position is that punishing one worker leaves deeper flaws in rail safety unaddressed. If granted, the pardon would end Garzón’s legal ordeal while keeping attention on the institutional problems that allowed the disaster to happen.
