The investigation of the Supreme Court on the filtration of an email from Isabel Díaz Ayuso has become the stage of another drop of data: the calls and telephone connections of Álvaro García Ortiz. The State Attorney General has filed several complaints when he understood that the Civil Guard has compiled many more data than those required by Judge Ángel Hurtado, but also because the magistrate has made them available to the parties without taking precautions to prevent that, by Example, the address of your home is disseminated. The instructor, for the moment, has transferred to the parts of this complaint and has asked to avoid “the public dissemination of data and information that are being incorporated into the actions”.
The judge put the investigation in the hands of the Central Operating Unit of the Civil Guard as soon as the proceedings in mid -October. His first mission was to register the offices of the Attorney General and the Provincial Prosecutor of Madrid. The objective was to trace their phones and devices and find all the calls, messages and emails of the days of March 2024 in which, suspected, the mail was filtered in which Alberto González Amador’s lawyer recognized a tax fraud of 350,000 euros and offered a pact to the Prosecutor’s Office even before being denounced.
That same day the elite agents knew they would not find much material on the telephone of Álvaro García Ortiz: he explained that he had changed his phone and erased his messages. The posterior investigations have revealed that he eliminated all his WhatsApp messages the same day that the Supreme opened the cause against him and changed terminal a week later, shortly before the record. The magistrate then focused his efforts on trying to recover any telephone trace of the filtration in the communications of the State Attorney General.
García Ortiz’s complaints about the filtration of his data came even before the first reports of the case were known. The complaints and requests for security measures were found from the beginning with the refusal of Judge Hurtado and his closed defense of the Central Operational Unit (UCO). In addition, he asked defenses and accusations responsibility for not disseminating data and subtracting importance from possible leaks. “Nothing to fear,” he replied to one of the complaints of the Attorney General about the parallel judgments in his case. Its main measure has been not to deliver the videos of the statements to avoid their filtration and put the complaints of the Attorney General in the hands of the ordinary courts.
The Civil Guard is commissioned to try to find a gap in the deletion of messages from the Attorney General and his latest reports have provided data that García Ortiz considers excessive for the investigation. The judge asked to know the call traffic between March 8 and 14, 2024, the days on which the filtration of González Amador’s mail was supposedly produced, and the Civil Guard response includes the exact data of the head of the head of the Line: not only his name and surname but also the address of his home in Galicia.
The details that the UCO has made available to the judge and is available to the parties do not only affect the attorney general. The call registration also provides the direction of a member of the General Council of the Judiciary (CGPJ), the prosecutor in charge of data protection in the Public Ministry and even a national police. And only some phones and calls have made the leap of the data sheets to the final report of the UCO: those of Dolores Delgado and other collaborators of García Ortiz in the Attorney General’s Office. The report does not include, for example, an incoming call from those days of Alejandro Luzón, prosecutor Chief Anti -Corruption.
Complaint before the Judiciary
The criticisms that the Attorney General has left in writing is directed, to criticize that the investigating judge puts all this documentation and the files available to the parties without taking precautions so that data such as their postal address do not transcend, something that according to Complaint has put your safety at risk. But also for the Civil Guard to have data that, according to its criteria, the judge had not asked: every time his phone connected to the network since December 2023 although the judge had only asked the IMEI numbers to which he had connected.
In the reports and annexes, he denounces, “there are data provided to the parties without having a brake or containment to such dissemination, seriously affecting” their “intimacy and/or endangering” their “integrity and safety” . And he had to change telephone and email for “the multitude of offensive emails, calls”, the dissemination of his ID and “all the minutes of his” personal life “and” family home. ”
Waiting to know if their complaints prosper before the ordinary courts, the route that the Attorney General has opened before the Department of Data Protection of the Judiciary may have disciplinary consequences. The legal precepts that García Ortiz has wielded, which speaks of a possible very serious infraction, collect sanctions of up to one million euros. He has also requested precautionary measures for all those to be cut urgently.
The judge’s first movement has been to ask accusations and defenses about the possibility of excluding from the summary the data that the attorney general considers that they compromise their security and if, in case of omitting them, they would see their right to effective judicial protection violated. “The UCO attestation is exemplary and obviously will not cross out any personal fact,” said Juan Antonio Frago, a popular accusation lawyer exercised by the Professional and Independent Association of Prosecutors (APIF). The lawyer sees a “gross attempt” to open a disciplinary file to the case instructor.
In the Public Ministry they consider, meanwhile, that the Central Operational Unit has not been careful to include these data and, sometimes, has gone beyond what the judge had required, also following a random criterion to expose some data in front of others. The judge, meanwhile, has made it clear that the data that they consider relevant are, or were, on the telephone of the Attorney General. During the interrogation of the third accused, the lieutenant of the Technical Secretariat Diego Villafañe, rejected the request of Alberto González Amador’s lawyer to dump his phone: “I do not understand that there is sufficient basis to request or require him in any way.”
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