The Attorney General of the State, Álvaro García Ortiz, has once again rejected on Monday the request for the Fiscal Council to prepare a report on the amnesty law, as demanded by the Senate, where the PP has an absolute majority. The head of the public ministry has sent a letter to the president of the upper house, Pedro Rollán, reiterating that the council “lacks the authority to provide [information] on bills being processed in parliament.” With this letter, García Ortiz dismisses the offensive launched by the right, backed by the conservative sector of the prosecutorial career, to pressure the government with pronouncements on the amnesty law negotiated with the separatists.
In December, the Senate requested the Attorney General of the State to have the Fiscal Council prepare a report on the amnesty bill, similar to what the General Council of the Judiciary (CGPJ), dominated by conservatives, had done. This option was rejected by García Ortiz in January when he responded to Rollán that the council lacked the authority. However, the Senate pushed again in March, urging the public ministry at the request of the Popular Group. The PP politicians demanded, “Article 10 of the Organic Statute of the Judicial Branch establishes the duty of the institution to collaborate with the General Courts, at their request and as long as there are no legal obstacles. And it seems clear that there are no legal obstacles.” García Ortiz responded that this request lacks any “foundation.”
The Prosecutor General admitted in January that “institutional collaboration” would allow the public ministry as an institution to prepare this report – not the Fiscal Council. However, he added that such cooperation is “not possible” in this case as it would “disrupt the normal functioning of the institution” and “invade spaces and competencies of the organizational structure of the Prosecution,” as it will be up to the prosecutors handling the Catalan independence process cases to take a stance on the amnesty when it reaches the courts.
The conservative faction of the prosecutorial career is openly at odds with the Attorney General, and the issue of amnesty has intensified this battle. The right-wing has been demanding from the outset that the institution be able to give its opinion on the new law, and has found a way with the help of the PP and its absolute majority in the Senate. The Organic Statute of the Prosecution provides for the Fiscal Council to report on bills or regulations affecting the structure, organization, and functions of the public ministry. However, this opinion is not provided for propositions of law, which is how the amnesty is being processed. The vocal members of the conservative Association of Prosecutors (AF) present in the Fiscal Council do not share García Ortiz’s view and insist that this body can comment on the issue.
The AF argues that the amnesty bill, if approved, would significantly impact the functional sphere of the Prosecution. They contend that the application of a grace measure like the one proposed affects criminal processes concluded by final sentence or still in progress. The association believes that Article 10 of the Organic Statute provides a solid legal basis for issuing the requested report. The article establishes a general duty of collaboration with the General Courts, as long as there are no legal obstacles, which they argue does not exist in this case. García Ortiz’s response to this argument continues to maintain the position that the Fiscal Council does not have the authority to provide information on bills being processed in parliament and that it is the responsibility of individual prosecutors to take a stance on the amnesty when the time comes.
