The State Attorney General, Álvaro García Ortiz, has challenged four of the five judges of the Supreme Court who have to decide whether or not he continues to be the head of the Public Ministry. García Ortiz has presented an incident of recusal against four magistrates of the Fourth Section of the Administrative Litigation Chamber, who have yet to resolve an appeal from the Professional and Independent Association of Prosecutors (APIF) against his appointment as head of the Attorney General’s Office of the State. The fifth judge joins from the Admission Section and, therefore, unlike the other four, she did not participate in a previous decision that, according to the State Attorney General, affects her impartiality now.

In November, the four challenged judges handed down a ruling that overturned the appointment of the former state attorney general, Dolores Delgado, as prosecutor of the Supreme Court, accusing García Ortiz of “diversion of power” since “her purpose was to secure Dolores Delgado his promotion to the highest category of the tax career.” For this reason, the attorney general understands that these magistrates may not be objective in determining whether or not they continue to lead the institution and requests that his case be reviewed by other magistrates who do not have rulings or references against him. A fifth judge also participated, who upon her retirement will be replaced by the aforementioned Pilar Teso.

The APIF filed a contentious administrative appeal in the Supreme Court against the appointment of García Ortiz, considering that his actions and his “partiality” in favor of the Government show that his appointment does not comply with the law.


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