Spain’s Supreme Court on Tuesday released its judgment sentencing former Attorney General Álvaro García Ortiz (main image) to a two-year ban from holding public office and a €7,200 fine for leaking confidential information.
García Ortiz stepped down in November after the Supreme Court determined he was responsible for the disclosure of a private email sent by the lawyer representing Alberto González Amador, the partner of Madrid regional president Isabel Díaz Ayuso. The message contained an admission of tax fraud and referenced an attempt to reach an agreement with prosecutors.
In its ruling issued on Tuesday, the court found García Ortiz guilty both for the leak of the confidential email and for the subsequent press release issued by the public prosecution service. ALSO READ: Spain’s Attorney General found guilty of leak in tax fraud case.
The judges concluded that it had been proven that the leak was carried out either directly by García Ortiz or by someone within his closest circle, with his awareness.
He was also convicted of violating an elevated duty of confidentiality for his role in approving or participating in a press statement that summarised the proposed plea deal involving González Amador.
The court noted that García Ortiz acknowledged his involvement and stressed that the Attorney General cannot justify unlawful conduct as a response to inaccurate media reporting.
Two judges issued a dissenting opinion, arguing that García Ortiz should have been acquitted on the grounds that it was not sufficiently demonstrated he was responsible for leaking the email, and that the press release itself did not amount to a criminal offence.
The ruling made clear that the court did not question the reliability of the journalists involved or the accuracy of their testimony, while underlining that an Attorney General’s obligation to maintain confidentiality does not disappear simply because sensitive information enters the public domain.
The judgment also reaffirmed the court’s strong respect for the principle of journalists’ professional secrecy. ALSO READ: Spanish government proposes Teresa Peramato, leading gender-violence specialist, as next Attorney General.
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