The Fiscal Council, convened to award the Democratic Memory Prosecutor’s Office

He State Attorney General (FGE), Alvaro Garcia Ortizcalled around 3:00 p.m. this Monday, May 29, a plenary session of the Fiscal Council -body that assists the FGE in its functions- for the next June 8 in order to resolve a pending discretionary contest. Judicial sources indicate that it is about the adjudication of the position of the recently created Human Rights and Democratic Memory Prosecutor’s Office to which the former State Attorney General aspires, Dolores Delgadowho was promoted to prosecutor of the Chamber of the Supreme Court in September 2022, when he took charge – a proposal of the FGE that the Fiscal Council accepted – of the headquarters of the Military Chamber of said court.

These sources indicate that the State Attorney General had called a plenary session for June 19 in which said contest could foreseeably be resolved. However, after the announcement of the Prime Minister, Pedro Sanchezin the sense of dissolving the Cortes and calling general elections on July 23, the FGE decided to insert the new Fiscal Council for June 8, without suspending the one already mentioned for June 19.

The Office of Human Rights and Democratic Memory It has been a position that the former State Attorney General has tried to obtain, but the delay in its approval by the Council of Ministers led her to request in September 2022 the position of Chief Prosecutor of the Military Chamber. The reason: accessing this position implied automatically ascending the ranks to the highest position of the career (prosecutor of the Supreme Court). From there, he would opt before the general elections for Human Rights and Democratic Memory.

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Dolores Delgado appointed Álvaro García Ortiz to the position of chief prosecutor of the technical secretariat of the State Attorney General’s Office -his right arm and the FGE on a day-to-day basis- after taking over the FGE in February 2020. Delgado later proposed to Pedro Sánchez the appointment of García Ortiz as his successor as FGE in July 2022. For his part, García Ortíz proposed Delgado as prosecutor of the Military Chamber of the Supreme Court and will now propose -before the anticipated general elections on July 23- her appointment to the position of Human Rights and Democratic Memory. Delgado is a partner of the former judge Balthazar Garzon who directs the FIBGAR (Garzón Foundation for Human Rights and Universal Jurisdiction), whose global scope of action has offices in Europe (Spain) and Latin America (Mexico, Colombia, and Argentina).

Consulted judicial sources told EL PERIÓDICO that with the courts dissolved it is the norm not to make appointments in the FGE. Perhaps for this reason, since the dissolution will appear this Tuesday in the BOE, it has been decided to convene before, this Monday the 29th, the Plenary Session of the Fiscal Council for the award of the position. But when the Plenary is held, the Cortes will already be dissolved.

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