CGPJ Addresses Criticism Over Dani Alves' Acquittal with Defense of Judicial Independence
Spain's General Council of the Judiciary issues statement affirming the presumption of innocence amid political backlash.
The General Council of the Judiciary (CGPJ) of Spain issued a statement on Tuesday in response to the controversy surrounding the acquittal of footballer Dani Alves from sexual assault charges.
The council unanimously approved an institutional declaration emphasizing that judicial reviews by higher courts are a standard aspect of the rule of law.
It expressed support for the judges of the Catalan High Court (TSJC), who reversed Alves' prior conviction, which had sentenced him to four and a half years in prison handed down by the Barcelona Provincial Court.
The CGPJ's message highlighted that the support and protection of victims, particularly in crimes against sexual freedom, do not undermine the fundamental right to the presumption of innocence.
The declaration, agreed upon by CGPJ President Isabel Perelló and its 20 members, avoided naming María Jesús Montero, the First Deputy Prime Minister and Minister of Finance, who had described the acquittal as a 'shame' and questioned whether the presumption of innocence should prevail over the testimonies of young women accusing powerful individuals.
CGPJ sources indicated that the statement was in direct response to Montero's remarks.
Initially, conservative council members proposed a harsher version of the statement, which was softened to gain broader support from progressive members.
The CGPJ's finalized statement refrained from engaging in direct conflict with the government, unlike previous councils that experienced frequent clashes.
It underscored the importance of the independence of judges involved in Alves' case, noting that the appeal system is designed to ensure the accuracy of final decisions.
The council reminded that the TSJC's judgment is also subject to legal review processes.
Additionally, the CGPJ called for political representatives to exercise their right to criticize judicial resolutions responsibly, recognizing the necessity of maintaining public trust in institutions.
This declaration followed a similar sentiment expressed by four judicial associations and three associations of prosecutors, which reacted to Montero's comments by demanding 'institutional responsibility.'
Government officials have since rallied in defense of Montero.
Pilar Alegría, the government's spokesperson, remarked that the feelings of confusion regarding the contrasting judgments from the TSJC and Barcelona Provincial Court mirrored sentiments felt by much of society.
In a separate but related matter, Perelló withdrew the agenda item regarding the presidencies of two key chambers of the Supreme Court from Tuesday's plenary session.
Previous attempts to include these votes for the Second (Criminal) and Third (Administrative) Chambers had surprised many members due to the lack of agreement between conservative and progressive groups on nominations.
This marks the second time Perelló has included such votes only to retract them due to the absence of an agreement.
The decision on leadership positions has faced delays since comprehensive negotiations have not materialized between the two factions.
Some members interpret Perelló's actions as a tactic to pressure the vocal stakeholders to expedite negotiations, although there are concerns this could tarnish the council's image.
Progressive council members have indicated discontent with Perelló’s stance, as she does not support their preferred candidates for the aforementioned chambers, favoring conservative nominees.
Consensus for these leadership roles requires a minimum of 13 votes, a threshold neither bloc currently meets, necessitating a negotiated solution.
While both sides have expressed a willingness to negotiate, deep-seated differences on candidate selection persist.
The conservative bloc intends to delay the presidency designations, as both chambers are currently led in an acting capacity by appointed candidates.
In today's session, the CGPJ unanimously approved the appointments of Jesús María Chamorro González as the president of the Superior Court of Justice of Asturias, Celso Rodríguez Padrón as president of the Superior Court of Justice of Madrid, and Manuel Luna Carbonell as president of the Superior Court of Justice of the Region of Murcia.
Overall, the council has conducted 102 judicial appointments since assuming office on July 25, covering various judicial branches and military jurisdictions.
The council unanimously approved an institutional declaration emphasizing that judicial reviews by higher courts are a standard aspect of the rule of law.
It expressed support for the judges of the Catalan High Court (TSJC), who reversed Alves' prior conviction, which had sentenced him to four and a half years in prison handed down by the Barcelona Provincial Court.
The CGPJ's message highlighted that the support and protection of victims, particularly in crimes against sexual freedom, do not undermine the fundamental right to the presumption of innocence.
The declaration, agreed upon by CGPJ President Isabel Perelló and its 20 members, avoided naming María Jesús Montero, the First Deputy Prime Minister and Minister of Finance, who had described the acquittal as a 'shame' and questioned whether the presumption of innocence should prevail over the testimonies of young women accusing powerful individuals.
CGPJ sources indicated that the statement was in direct response to Montero's remarks.
Initially, conservative council members proposed a harsher version of the statement, which was softened to gain broader support from progressive members.
The CGPJ's finalized statement refrained from engaging in direct conflict with the government, unlike previous councils that experienced frequent clashes.
It underscored the importance of the independence of judges involved in Alves' case, noting that the appeal system is designed to ensure the accuracy of final decisions.
The council reminded that the TSJC's judgment is also subject to legal review processes.
Additionally, the CGPJ called for political representatives to exercise their right to criticize judicial resolutions responsibly, recognizing the necessity of maintaining public trust in institutions.
This declaration followed a similar sentiment expressed by four judicial associations and three associations of prosecutors, which reacted to Montero's comments by demanding 'institutional responsibility.'
Government officials have since rallied in defense of Montero.
Pilar Alegría, the government's spokesperson, remarked that the feelings of confusion regarding the contrasting judgments from the TSJC and Barcelona Provincial Court mirrored sentiments felt by much of society.
In a separate but related matter, Perelló withdrew the agenda item regarding the presidencies of two key chambers of the Supreme Court from Tuesday's plenary session.
Previous attempts to include these votes for the Second (Criminal) and Third (Administrative) Chambers had surprised many members due to the lack of agreement between conservative and progressive groups on nominations.
This marks the second time Perelló has included such votes only to retract them due to the absence of an agreement.
The decision on leadership positions has faced delays since comprehensive negotiations have not materialized between the two factions.
Some members interpret Perelló's actions as a tactic to pressure the vocal stakeholders to expedite negotiations, although there are concerns this could tarnish the council's image.
Progressive council members have indicated discontent with Perelló’s stance, as she does not support their preferred candidates for the aforementioned chambers, favoring conservative nominees.
Consensus for these leadership roles requires a minimum of 13 votes, a threshold neither bloc currently meets, necessitating a negotiated solution.
While both sides have expressed a willingness to negotiate, deep-seated differences on candidate selection persist.
The conservative bloc intends to delay the presidency designations, as both chambers are currently led in an acting capacity by appointed candidates.
In today's session, the CGPJ unanimously approved the appointments of Jesús María Chamorro González as the president of the Superior Court of Justice of Asturias, Celso Rodríguez Padrón as president of the Superior Court of Justice of Madrid, and Manuel Luna Carbonell as president of the Superior Court of Justice of the Region of Murcia.
Overall, the council has conducted 102 judicial appointments since assuming office on July 25, covering various judicial branches and military jurisdictions.
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