He Supreme Court (TS) agreed this Tuesday annul the appointment of Dolores Delgado as courtroom prosecutor of the Office of the Prosecutor for Human Rights and Democratic Memory.
The Fourth Section of the Contentious-Administrative Chamber has adopted this decision after studying the resources of the Association of Prosecutors (AF), the Professional and Independent Association of Prosecutors (APIF) and the anti-drug prosecutor Luis Ibáñez—candidate for the position—against the appointment of Delgado as head of Democratic Memory.
The three appeals demanded that the Supreme Court declare the nullity of this appointment and take the proceedings back to the moment before Delgado’s appointment. The signatories alleged that the decision was invalid because GarcÃa Ortiz did not give the Fiscal Council the option to study whether it incurred a cause of incompatibilitysince his partner – the former judge of the National Court Baltasar Garzón – directs a foundation dedicated to the defense of Human Rights
The head of the Public Ministry proposed appointing Delgado, despite the fact that this He only received the votes of one member of the Progressive Union of Prosecutors (UPF) – to which both he and she belonged – and the two born vowels. The other member of the UPF supported another candidate. It should be remembered, however, that the Fiscal Council is an advisory body and that the attorney general has the final say. Finally, The Government appointed Delgado on June 13.
The Supreme Court has annulled this appointment almost a month after the Council of Ministers carried out the ruling by which the court itself – last November – ordered to annul Delgado’s promotion to the highest category as military court prosecutor of the TS. understand that it occurred with “diversion of power” by the attorney general.
