{"id":216226,"date":"2026-04-10T11:11:05","date_gmt":"2026-04-10T11:11:05","guid":{"rendered":"https:\/\/teknomers.com\/en\/the-prosecutors-office-appeals-conviction-of-former-state-attorney-general-highlights-violation-of-five-fundamental-rights\/"},"modified":"2026-04-10T11:11:07","modified_gmt":"2026-04-10T11:11:07","slug":"the-prosecutors-office-appeals-conviction-of-former-state-attorney-general-highlights-violation-of-five-fundamental-rights","status":"publish","type":"post","link":"https:\/\/teknomers.com\/en\/the-prosecutors-office-appeals-conviction-of-former-state-attorney-general-highlights-violation-of-five-fundamental-rights\/","title":{"rendered":"The Prosecutor’s Office Appeals Conviction of Former State Attorney General, Highlights Violation of Five Fundamental Rights"},"content":{"rendered":"\n
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<\/picture>
The Prosecutor’s Office appeals to the Constitutional Court the conviction against the former attorney general (Fernando S\u00e1nchez – Europa Press)<\/figcaption><\/div>\n

The Prosecutor’s Office has formally requested the annulment of the conviction handed down by the Supreme Court against \u00c1lvaro Garc\u00eda Ortiz, the former State Attorney General. This appeal is significant as it follows a political and legal controversy stemming from the leak of a confession by Alberto Gonz\u00e1lez Amador, a partner of Isabel D\u00edaz Ayuso, who has been prosecuted for tax fraud.<\/p>\n

Claim of Fundamental Rights Violations<\/h2>\n

In its appeal, the Prosecutor’s Office asserts that the judicial process infringed upon five fundamental rights of Garc\u00eda Ortiz. The appeal argues that he acted responsibly in providing information that was already in the public domain, aimed at countering \u201cfalse criminal accusations\u201d that surfaced in the media.<\/p>\n

Biased Evidence Assessment<\/h3>\n

A central contention of the appeal is that the Supreme Court’s assessment of the evidence was \u201cbiased and unreasonable.\u201d The Prosecutor’s Office emphasizes that testimonies from journalists who denied receiving information from the prosecutor were not adequately considered. This neglect, they argue, undermines Garc\u00eda Ortiz’s right to the presumption of innocence.<\/p>\n

Judicial Interpretation Concerns<\/h3>\n

The appeal directly criticizes the judges who signed the ruling, claiming their interpretations regarding journalistic source protection resulted in moral coercion for informants. This stance is deemed a threat to judicial integrity, as it may weaken the protection of those investigated if journalists are unable to disclose the origins of their information.<\/p>\n

Questionable Evidence and Context<\/h2>\n

Among the evidence criticized was a four-second call made to Garc\u00eda Ortiz by a journalist, which the defense argues does not constitute definitive proof of a leak. The Prosecutor\u2019s Office asserts that such a brief call, which ended up going to voicemail, aligns with Garc\u00eda Ortiz’s claim of being otherwise occupied at that moment.<\/p>\n

Additionally, the appeal challenges the Supreme Court’s judgment regarding a supposed \u201csmall circle\u201d of individuals who had access to the leaked information. It argues that the relevant email circulated widely, undermining claims of restricted access.<\/p>\n

Ambiguous References in the Ruling<\/h2>\n

The Supreme Court’s reference to an \u201cenvironment\u201d surrounding Garc\u00eda Ortiz raises further questions, as the Prosecutor’s Office emphasizes that there was no clear definition of who this group comprised or how they accessed the leaked information. This vagueness is deemed inappropriate for a criminal sentence.<\/p>\n

Rights to Privacy and a Fair Process<\/h2>\n

The Prosecutor’s Office also argues that there was a violation of Garc\u00eda Ortiz’s right to privacy and his confidentiality of communications. The search conducted in his office is characterized as \u201cillegal\u201d due to indiscriminate and disproportionate methods employed by the investigating judge.<\/p>\n

The Public’s Right to Information<\/h3>\n

Lastly, the appeal questions the conviction based on a press release issued in March 2024 as a response to misinformation. The Prosecutor\u2019s Office argues that the conviction undermines the public’s right to know and challenges the principle of legality since the details conveyed were already public knowledge.<\/p>\n

The Path Ahead<\/h2>\n

As the Constitutional Court deliberates whether to admit the appeal, it enters a crucial debate concerning the balance between public information, journalistic confidentiality, and the rights of individuals within criminal proceedings. The legal ramifications of this case could set significant precedents for the future of judicial processes and media interactions in similar contexts.<\/p>\n<\/div>\n


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General News – 2<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The Prosecutor’s Office appeals to the Constitutional Court the conviction against the former attorney general (Fernando S\u00e1nchez – Europa Press) The Prosecutor’s Office has formally requested the annulment of the conviction handed down by the Supreme Court against \u00c1lvaro Garc\u00eda Ortiz, the former State Attorney General. This appeal is significant as it follows a political […]<\/p>\n","protected":false},"author":1,"featured_media":216227,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[6780,4674,10193,8879,1662,10600,1660,13150,862,5,5626],"class_list":["post-216226","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-mazagine","tag-appeals","tag-attorney","tag-conviction","tag-fundamental","tag-general","tag-highlights","tag-office","tag-prosecutors","tag-rights","tag-state","tag-violation"],"_links":{"self":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/216226","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/comments?post=216226"}],"version-history":[{"count":1,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/216226\/revisions"}],"predecessor-version":[{"id":216228,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/216226\/revisions\/216228"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media\/216227"}],"wp:attachment":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media?parent=216226"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/categories?post=216226"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/tags?post=216226"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}