The prosecution contemplated opening a procedure to the prosecutor who refused to continue investigating Stampa

  • Failed action against prosecutor Carlos Ruiz de Alegría

The Technical Secretariat of the State Attorney General (FGE) and the Tax Inspection studied possible measures against the Deputy Prosecutor of the Superior Court of Justice of Madrid (TSJM), Carlos Ruiz de Alegria, after his refusal, in December 2020, to carry out the new procedures that were “suggested” to him in response to his proposal to archive the investigation procedures on the alleged disclosure of secrets by the prosecutor in the ‘Tándem-Villarejo case’, Ignacio Press.

On October 23, 2020, Ruiz de Alegría, after carrying out several procedures that were proposed to extend the life of the procedure (after his first decree to file, on October 5), reiterated that there was no case and drew up a decree to file the ten folios. Your boss, Jesus Knight Klink, he attended Alvaro Garcia Ortiz, chief prosecutor of the Technical Secretariat.

Ruiz de Alegría and Caballero Klink knew that the conclusion of filing had to be executed with speed. Why? Because the Fiscal Council quoted for four days later, on October 27, 2020, would solve the contest of eight fixed places in the Anti-Corruption Prosecutor’s Office. Stampa, who had been on secondment since 2017, renewed with the support of his boss, the chief prosecutor Alexander Luzon, aspired to one of them.

No hurry

But, for the same reason, García Ortiz was in no rush. Thirteen days later, on November 4 (after denying the public prosecutor of the ‘Tandem-Villarejo case’ and remove him from the instruction) replied to Caballero Klink: “In this context and before adopting any resolution. investigation proceedings“. García Ortiz took almost a month and on December 2, 2020, he transmitted to Caballero Klink two pages with new” suggestions in case Your Excellency considers it appropriate to take them into consideration. “

This sibylline way of wrapping an order by someone like García Ortiz who lacked authority over his interlocutor was already revealing of the way to act. He proposed a series of proceedings, including repeating one already carried out and other irrelevant ones. Among them, he echoed news that alluded to alleged emails from a lawyer from Podemos addressed to the Chief Prosecutor Luzón so that “the ex officio referral to the previous [a Luzón] of such circumstance “.

Why didn’t they dare?

Knight Klink transmitted the two folios to the instructor Ruiz de Alegria, who thus confirmed that it was a matter of keeping the case open with any excuse. He explained that there were no further inquiries. And he put it in writing. His boss had two options. Expressly order him to practice them, which opened the way for Ruiz de Alegría to take advantage of article 27 of the Organic Statute of the Public Prosecutor’s Office so that the board of prosecutors could hear the case. And the other, to do what he did: Caballero Klink took over from Ruiz de Alegría as instructor and took over the instruction.

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Here, in this situation, the technical secretariat tried to open a previous information to Ruiz de Alegría with the idea of ​​collecting antecedents and ending in a disciplinary file. Why didn’t they dare? The technical secretariat was acting outside the law. Only the state attorney general could issue an express order, but not who, as was finally demonstrated last Wednesday, acts as his bodyguard, Álvaro García Ortíz.

“Ruiz de Alegría’s performance was impeccable, from a technical point of view and from a personal integrity point of view, a conduct that almost overwhelms him,” says a magistrate who has followed the procedure.

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