The controversy surrounding the Attorney General of Spain, Álvaro García Ortiz, has intensified following revelations about deleted mobile phone messages during key days related to the alleged leak of sensitive information concerning Alberto González Amador, the boyfriend of regional president Isabel Díaz Ayuso. Sources from the Fiscalía General del Estado (FGE) confirmed to Europe Press on December 20, 2023, how García Ortiz erased messages from his device, purportedly following regular security protocols. This action has spurred calls for greater scrutiny and clarity around the Attorney General's handling of potentially incriminatory data.
The timeline of the events has stirred considerable debate. García Ortiz reportedly deleted messages not solely within the time frame from March 8 to March 14, during which the alleged leak occurred, but as part of standard data management practices. Sources indicate this deletion was part of cyclic purging of data established by the FGE to comply with information protection laws, rather than actions taken with malicious intent related to the investigations.
The investigative thread ignited when the Unidad Central Operativa (UCO) of the Guardia Civil filed their report noting they found "0 messages" on García Ortiz's mobile during the specified days. Critics have seized upon this apparent lack of data, questioning whether evidence relevant to the investigation has been deliberately purged. During the subsequent political fallout, Prime Minister Pedro Sánchez defended García Ortiz, stating, "There are no messages confirming grave accusations against him," and demanding apologies from those who had called for his resignation based on the allegations.
Key elements of the controversy pivot around the strict regulations the FGE operates under, which maintain data should not be retained indefinitely. The internal instruction 2/2019 emphasizes the necessity to destroy documents and electronic materials once they are no longer needed. García Ortiz’s purported routine of deleting messages may align with these guidelines, yet the timing has raised eyebrows as the investigation continues, particularly juxtaposed against the commendable protocols for protecting sensitive information.
The intricacies of the situation became even more pronounced following the re-examination of email records related to García Ortiz’s involvement. Reports show he received pivotal information concerning the alleged tax offenses of González Amador at 21:59 hours on March 13, 2023, just 85 minutes before it became public via the Ser network. Notably, the UCO's report draws attention to the fact he held significant evidence before its broadcast.
Opposition parties have capitalized on these events to question García Ortiz's integrity and the opacity surrounding the FGE's internal processes. The Popular Party has condemned the situation as scandalous, arguing it casts doubt on the Attorney General's commitment to uphold justice. They also chastised the Supreme Court for attempting to recover evidence so long after the fact, dubbing efforts to trace communications "puerile."
This scrutiny is compounded by the discovery of past messages between García Ortiz and Pilar Rodríguez, the head of the Provincial Prosecutor's Office of Madrid, which surfaced during separate examinations and indicate not all communications were lost. This has led to criticism over the routine nature of the deletion procedures, calling them inadequate to safeguard the necessary transparency during investigations involving disclosure of secrets.
Some legal experts suggest the mere act of deletion itself casts suspicions upon García Ortiz. They argue the lack of messages could be interpreted as circumstantial evidence of misconduct rather than as standard protocol adherence. The UCO's actions to examine devices from García Ortiz's office are perceived by critics as late responsive measures, reflecting poorly on the institution's ability to maintain accountability under intense scrutiny.
Adding to the complexity, the initial media narratives mismatched certain timelines presented by the discussions between the Fiscalía and the media, leading to accusations of misinformation. These discrepancies have prompted calls for increased media diligence and calls for Santiago's office to take responsibility for verifying facts before publication. While the political and legal landscapes continue shifting, the ramifications of the mobile message deletion incident highlight the broader debate over data accountability, privacy, and the integrity of state officials.
So far, the Attorney General remains steadfast amid intensifying inquiries, yet skepticism persists. Given the potential severity of the accusations, the discipline surrounding the retention and deletion of communications is under the microscope.
The García Ortiz case exemplifies the complications when legal protocols intersect with political narratives, raising questions about ethical conduct, state transparency, and the inherent challenges of trust within the legal institutions.
