Minister of Justice Félix Bolaños openly disavowed the Socialist parliamentary group on Wednesday, along with their partners, who had requested the appearance of several prosecutors—including the head of the Anticorruption Office—in the congressional investigation committee on pandemic contracts. Bolaños stated, “It makes no sense for judges and magistrates to testify in investigation committees about cases they are handling, and the same principle applies to prosecutors: it also makes no sense for them to testify about cases they are investigating in their capacity as prosecutors.” Bolaños’ statement comes after the General Prosecutor’s Office itself expressed displeasure at the summons of the head of the Anticorruption Prosecutor’s Office, Alejandro Luzón.
The request for prosecutors to testify was not an initiative of the PSOE, as they did not include them in their initial list. However, after negotiations with their partners, the Socialists agreed to and signed a final list that did include them. The demand to call prosecutors to testify came mainly from Junts and EH Bildu, according to parliamentary sources, and the PSOE eventually agreed to it. Thus, the list ultimately included the names of three prosecutors: Alejandro Luzón, head of Anticorruption; Ignacio de Lucas, prosecutor from the European Prosecutor’s Office handling the Koldo case; and Codruta Kovesi, chief prosecutor of the European Prosecutor’s Office.
The Socialists had firmly rejected the demand from Junts and other groups to bring judges to investigation committees, and Bolaños had promised that the PSOE would never support it. However, they were not as categorical about prosecutors. Following the General Prosecutor’s Office’s disapproval, Bolaños made it clear that they extend the same criteria they have with judges to prosecutors as well, though prosecutors have appeared in investigation committees in the past. The minister thus aligns with the General Prosecutor’s Office and disavows the parliamentary agreement.
Bolaños’ reaction comes after the General Prosecutor of the State, Álvaro García Ortiz, requested reconsideration on Tuesday by letter to the president of the congressional investigation committee of the decision to summon the Chief Anticorruption Prosecutor to testify. García Ortiz argued that Anticorruption is directly involved in many procedures subject to the committee and that the testimony “could disrupt the work of the Public Prosecutor’s Office, which is the exercise of public criminal action,” according to sources from the Public Prosecutor’s Office. “The appearance could be an inconvenience for the handling of secret nature fiscal and judicial investigations, or even for the right to defense allegations that affected parties could make,” add these sources.
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