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Spain’s Supreme Court Receives Bid to Void García Ortiz Conviction as It Upholds Pretrial Jailing of Ábalos and Aide

The State Attorney’s nullity filing casts the conviction as a chilling curb on the prosecution’s institutional voice.

Overview

  • - The State Attorney filed a 45-page incidente de nulidad asking the Supreme Court to annul and suspend execution of Álvaro García Ortiz’s sentence, preserving the route to a Constitutional Court appeal.
  • - The challenge argues the ruling “secures and silences” the Fiscalía’s ability to issue institutional statements when it is publicly attacked, in a case that led to a two-year disqualification, a €7,200 fine, and €10,000 in damages to Alberto González Amador.
  • - The conviction for revelation of secrets was adopted by a 5–2 majority, and a separate nullity bid by the deputy prosecutor general earlier alleged violations of presumption of innocence and defense rights, citing a late shift that folded a press note into the offense.
  • - In a separate decision, the Supreme Court’s Appeals Chamber rejected bids by former minister José Luis Ábalos and his ex‑aide Koldo García to leave jail, citing a growing body of indicia, the imminence of oral trial, and elevated potential sentences.
  • - Anti‑corruption prosecutors seek 24 years for Ábalos and 19.5 years for Koldo García, the popular prosecution asks for up to 30 years, and the court said Ábalos’s status as a sitting deputy does not bar preventive detention.