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Declaration on the appointment of the outgoing Minister of Justice as Attorney General by the Spanish Government

In view of the extent and serious consequences for the rule of law, and hence for civil liberties, steaming from the appointment of the Minister of Justice. Ms. Dolores Delgado Garcia, to the position of Attorney-General, we inform the public of the following:

  • 1) This appointment affects the rules of legal ethics and moral since justice must ensure that ethical standards are met in the world of law.

  • 2) The Government is obliged to guarantee and protect procedural ethics as a way of ensuring public discussion of legal standards. Failure to comply with this condition necessarily entails unfair, if not illegal, procedures.

  • 3) The Minister of Justice, being aware of the proceedings, the subject-matter and the judicial documents in respect of the so-called "procés", proceeded to give instructions to the State Legal Service ("Abogacía del Estado") on behalf of the Government; the said instructions were issued in the context of the current critical moment for the rule of law in Spain that is being provoked by precisely the effects of the so-called "procés".

  • (4) These facts engender procedural effects that have an impact on due process of law and the equality of the parties to the proceedings; they also have perverse consequences for the defence of general interests that clearly make her appointment incompatible with those interests, contaminate the proceedings and generate insurmountable problems of legal legitimacy.

    These effects are not salvageable, even with a statement on recusal such as that made by the former United States Attorney General, Jeff Sessions, with regard to the investigation of the so-called "Russian interference", following his appointment by President Donald Trump.

    In fact, we believe that the Spanish Government has copied Trump's procedure and strategy in this case, although it is highly unlikely that the Attorney General will imitate Jeff Sessions' recusal.

  • 5) As it is not within our power to apprehend the political decisions that have led to this appointment in the circumstances mentioned above, and assuming that the President of the Government is intelligent and has given sufficient thought to these consequences, we can only assume that he has a deliberate strategy of obstructing the functioning of the Prosecutors in the Supreme Court and, therefore, of obstructing judicial proceedings in the high instances of the judiciary (the first effect of which was seen in the recent deliberation of the General Council of the Judiciary following the appointment of Minister Dolores Delgado as Attorney General)

  • 6) We know that this statement will have no effect at the highest levels of government and that we will not be heard. However, we believe that it is our ethical obligation to make it public.

Equipo Nizkor
Madrid, 17 January 2020.

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