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The former Attorney General of the State Consuelo Madrigal has sent a letter of rectification to the current Attorney General, Álvaro García Ortiz, where she makes it clear that her ways of proceeding before a general election at the head of the institution do not have any similarity.

García Ortiz convened last Monday the Fiscal Council to appoint several discretionary positions of the fiscal dome – among them the prosecutor of the Chamber of Human Rights and Democratic Memory to which Dolores Delgado aspires – two hours after the President of the Government, Pedro Sánchez, announced the electoral advance. The majority of the Fiscal Council has asked him to suspend the meeting since there are no urgent reasons to make the appointments but the attorney general has refused to do so, citing as examples different appointments during the mandate of Madrigal and the also former attorney general of the State, María José Segarra.

In the document, sent today to the attorney general and the members of the Fiscal Council, Consuelo Madrigal maintains that "during my term as attorney general, being about to expire the legislature but since time before the call for the general elections of December 20, 2015, I decided to refrain from making proposals for appointments, promotions and discretionary promotions, for the sake of the democratic quality of my management and in order to avoid undesirable tensions within the institution".

In the letter, to which EL MUNDO has had access, the prosecutor of Sala explains that it was a "personal decision prudentially adopted with the deliberation, assent and support of the heads of the central organs of the Attorney General's Office."

On the specific case that García Ortiz tried to compare with the appointments of the prosecutors of the Chamber of Democratic Memory and Hate Crimes - it was the extension until the age of 72 to the prosecutor of the Chamber Olayo Eduardo González -, Madrigal states that it was a "quasi-automatic procedure that did not compromise or affect the interests or expectations of any other member of the Fiscal Career and that did not require or allow public offer or competition. " That is, a situation that does not resemble at all the appointments of prosecutors of the highest category of the prosecutorial career that the current attorney general now intends to carry out: "I limited myself to the assignment of the interested party to the organ of the Public Prosecutor's Office in which his specialization could be more useful than that from which he had left five years ago when he was promoted to prosecutor of the Chamber".

Madrigal now demands a rectification to García Ortiz given that the attempt to equate both actions "seriously compromises my good name and the image of my career at the head of the Public Prosecutor's Office, involving us in a context of questioning and delegitimization, to which I am totally alien."

In addition, the prosecutor of the procés emphasizes that "the invocation of a decision of these characteristics as a precedent induces the public to a serious error. (...) Therefore, and in exercise of the right of rectification, I am writing on this same date to the chief prosecutor of the Head of the Technical Secretariat and I ask for rectification and clarification of the aforementioned point as well as the dissemination of such clarification with the same scope and by the same means with which the information to be rectified has been publicized. "

The majority of the Fiscal Council, against

For its part, the majority Association of Prosecutors has described the performance of Álvaro García Ortiz as "surprising", highlighting that "none" of the previous attorneys general, "once Parliament was dissolved, has made appointments of discretionary positions", but that those that were pending were "deferred".

In the same line, the Professional and Independent Association of Prosecutors (APIF) has denounced that "it is not remembered that this has happened on another occasion, a Council with important appointments, convened with maximum urgency, just when the Courts are dissolved and a new electoral process is announced". From both associations they do not question that the Fiscal Council can meet to make the appointments – the attorney general ceases when the Government that appointed him becomes in office after the electoral call – but the reasons of opportunity and urgency to carry out such appointments, focusing on the place longed for years by former Minister Delgado, that of prosecutor of Human Rights and Democratic Memory.

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