García Ortiz Pardon Denied
Supreme Court issues unfavorable report against pardoning former Attorney General Álvaro García Ortiz.
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Spain's Supreme Court has officially recommended against pardoning former Attorney General Álvaro García Ortiz, convicted in November 2025 for leaking confidential tax data about Alberto González Amador, partner of Madrid President Isabel Díaz Ayuso. The court's Criminal Chamber stated there are no reasons of "justice, equity, or public utility" to justify clemency, according to El Periódico Mediterráneo.
The report, issued on June 11, 2026, is a mandatory step under Spain's 1870 pardon law — but it is not binding. The final decision now rests with Prime Minister Pedro Sánchez's government, setting up a major political showdown.
A Historic Conviction That Sparked the Pardon Push
García Ortiz was sentenced on November 20, 2025 — the first sitting Attorney General ever convicted in Spain's democratic era. The court handed him two years of disqualification from public office and a €7,200 fine. He also had to pay €10,000 in moral damages to González Amador. He resigned just four days after the verdict, according to La Provincia.
The crime dated to March 2024. After the newspaper El Mundo reported that prosecutors had offered González Amador a plea deal, the Attorney General's Office released a confidential email to prove the defense had actually initiated contact — not the prosecution. The court ruled that leaking that email violated Article 417.1 of the Spanish Penal Code, which bars public officials from revealing secrets tied to their role. The conviction vote was 5 to 2, with two magistrates dissenting.
Supreme Court Calls the Leak a "Grave" Institutional Attack
The court's report did not soften its language. Judge Andrés Martínez Arrieta, who leads the Criminal Chamber, wrote that the violation of secrecy was a "grave fact" that struck at the very foundation of the Justice Ministry. The court concluded that "the Attorney General cannot respond to a false report by committing a crime," according to OK Diario.
Several private citizens had filed formal pardon requests earlier in 2026, triggering the review. In May 2026, the Supreme Court's own Prosecution Office issued a separate report supporting a partial pardon — arguing the consequences were "disproportionate." But the sentencing chamber rejected that view, delivering the stronger opposing verdict, according to La Opinión de Murcia.
Government Must Now Choose Between Politics and the Court
Justice Minister Félix Bolaños confirmed the government is processing the requests but has avoided stating a final decision. Government allies have signaled sympathy toward García Ortiz, with some ministers suggesting the conviction was politically motivated, according to Información. The PP's Cuca Gamarra called García Ortiz a "convicted delinquent" on June 11 and said the case proves a "coordinated operation" to protect Sánchez.
If the government ignores the court's report and grants the pardon, legal analysts warn it could trigger a constitutional crisis over the separation of powers. The opposition PP and Vox have already hinted at legal challenges. Without a pardon, García Ortiz remains barred from public office until December 9, 2027, according to LNE.
Two Sides of the Same Story: Transparency vs. Rule of Law
The government and its allies frame García Ortiz as a victim of "lawfare" — a term for using legal tools to target political opponents. They argue he released the email to counter dangerous misinformation being spread about the prosecution's conduct, according to El Periódico de Extremadura.
Critics, including the Supreme Court's majority, take the opposite view. They argue that the person charged with upholding Spain's laws cannot break them — even for good reasons. The underlying tax fraud case involved €350,951 allegedly not paid to the Treasury by González Amador. But the court made clear that fight did not justify a crime, according to La Opinión de Málaga.
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