In an unprecedented move, Spain’s Supreme Court has formally charged Álvaro García Ortiz, the government’s chief legal advisor, with the crime of disclosing confidential information.
The case, which revolves around the leak of personal data concerning Alberto González Amador—boyfriend of Madrid’s centre-right regional president Isabel Díaz Ayuso—has sparked significant controversy. This marks the first time in Spanish democratic history that a sitting attorney general faces such charges.
El Debate reports that the court’s Second Criminal Chamber announced its decision to proceed with the investigation following a request from the High Court of Justice of Madrid (TSJM) in July. The inquiry will focus on the alleged unauthorised release of sensitive information about González, which surfaced during negotiations related to a tax fraud investigation. García Ortiz is accused of disclosing this information via a press release from the Public Prosecutor’s Office in March 2024.
The Supreme Court also implicated Pilar Rodríguez Fernández, Madrid’s chief prosecutor. Rodríguez allegedly shared information with García Ortiz, making her an integral part of the inquiry. Though Rodríguez does not have the same protected status as García Ortiz, the court deemed it necessary to investigate both individuals due to the close connection between their actions.
The panel of judges emphasised the gravity of the charges. According to Article 417 of the Spanish Criminal Code, any public official who discloses confidential information obtained through their position can face severe penalties. The court noted that, although parts of the information in question had already been leaked to the media, the official release from the attorney general’s office violated the defendant’s right to privacy.
The case against García Ortiz adds to a series of legal setbacks for the attorney general, whose tenure faces increasing scrutiny. Earlier this year, courts invalidated his controversial appointment of Dolores Delgado to a position at the Chamber of Human Rights and Democratic Memory, citing a “deviation of power.”
Appointed by Prime Minister Pedro Sánchez in 2022, García Ortiz has been accused of using his office for political purposes. Critics argue that this latest case highlights the politicisation of the justice system under Sánchez’ administration.
In May, tensions mounted when Spanish courts ruled against García Ortiz twice in one day. First, the Supreme Court invalidated Delgado’s appointment, criticising the attorney general’s disregard for proper vetting procedures. Moments later, a Madrid court opened an investigation into the alleged leak involving González.
The ruling prompted the Madrid Prosecutors Association to call for García Ortiz’s resignation, citing a loss of public confidence in his office.
Controversies surrounding the case also reflect ongoing political rivalries. Isabel Díaz Ayuso, a prominent member of the centre-right Partido Popular, has been an outspoken critic of Sánchez, frequently clashing with the prime minister on issues ranging from pandemic management to regional autonomy. Ayuso’s supporters allege that the investigation into her boyfriend’s tax affairs is part of a political vendetta orchestrated by Sánchez’s allies.
Despite the mounting pressures, García Ortiz remains in his position. The upcoming investigation, however, could further test the resilience of Spain’s judicial independence. Ángel Hurtado, a veteran magistrate known for his role in high-profile cases, will preside over the proceedings. As the case unfolds, Spain’s judicial system finds itself at a crossroads, navigating the delicate balance between law and political influence.
