The Attorney General, Teresa Peramato, has decided not to initiate disciplinary proceedings against Álvaro García Ortiz, despite a request from Álvaro González Amador, who sought his expulsion from the prosecutorial career. By means of a decree, Peramato has decided not to take action against García Ortiz, as she believes that during his tenure at the helm of the Attorney General’s Office, his conduct was not subject to the disciplinary regime applicable to members of the prosecutorial career, according to sources from the Attorney General’s Office to EFE. Ayuso’s partner was requesting the dismissal of the Attorney General, citing the disciplinary regime established in the Statute of the Public Prosecutor’s Office, which states that those convicted of intentional crimes with penalties exceeding six months cannot perform prosecutorial functions until they have been rehabilitated. However, in the opinion of the Attorney General, only the reasons for incompatibility established for career prosecutors apply to the head of the Attorney General’s Office, excluding the rest of the disciplinary regime. In addition, it is stated that the head of the Attorney General’s Office can be selected from among legal experts and is not required to be a practising prosecutor. Furthermore, the Attorney General has rejected González Amador’s request to be recognised as an interested party so that he could participate in a governmental procedure. Peramato’s decision is based on the appeal that González Amador filed against the decree she issued on 23 December, which approved the reinstatement of García Ortiz in the prosecutorial career, following the approval of the Fiscal Inspection. Last November, the Supreme Court imposed a two-year disqualification on García Ortiz from serving as Attorney General due to an offence of disclosing confidential information.
The Attorney General rules out sanctioning García Ortiz as requested by Ayuso’s partner.
