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Spain’s Supreme Court Publishes Full Ruling in García Ortiz Case, Linking Leak and Press Note as One Act

The judgment underscores the prosecutor general’s heightened duty of confidentiality and leaves only extraordinary challenges before the Constitutional Court.

Overview

  • The majority finds a single unit of action between the leak of a February 2 email about Alberto González Amador and the March 14 Fiscalía note, concluding the email was provided by Álvaro García Ortiz or someone in his immediate circle with his knowledge.
  • The sentence is final in ordinary courts and imposes two years’ disqualification, a €7,200 fine and €10,000 in compensation; García Ortiz resigned on November 24 and Teresa Peramato has been designated to stabilize the Prosecutor’s Office.
  • The court cites a solid circumstantial record that includes deletion of phone and computer data and points to a possible coordinated deletion with Moncloa, while noting journalists’ testimony was heard with respect for source protection.
  • Two magistrates, Ana Ferrer and Susana Polo, dissent, arguing the leak was not proven and the press note was lawful as a necessary response to false claims about the Fiscalía’s conduct.
  • Political reactions hardened: the Government urged prudence and later Pedro Sánchez defended García Ortiz as safeguarding the truth, the PP labeled him a “delinquent,” and Ayuso said the ruling should fell any liberal government.