On Monday, four associations of judges and three associations of prosecutors in Spain jointly called for "institutional responsibility" after the Deputy Prime Minister, María Jesús Montero, criticized the acquittal of footballer Dani Alves for sexual assault, for which he had been previously convicted.

The associations issued a statement reproaching Montero's remarks and emphasizing the need to respect judicial independence.

"We urge all public representatives to exercise the utmost responsibility in their statements, particularly when addressing judicial decisions.

Criticisms of judicial resolutions are legitimate but must be well-founded and contextualized, otherwise they can undermine public trust in institutions and endanger the rule of law," the statement read.

Montero's comments have also drawn criticism from the Spanish opposition party, the People's Party (PP).

Party leader Alberto Núñez Feijóo stated in a social media post that Montero is "not fit to be the second-in-command of any European government," further criticizing her for her statements.

PP spokesman Borja Sémper stated that Montero's remarks were "incompatible with a democratic vision of the rule of law" and reiterated calls for her resignation.

In response, Montero defended her comments on social media, asserting that the presumption of innocence should not preclude the ability to express disapproval of systematic questioning of women who are victims of assaults and machismo.

Pilar Bernabé, the Government Delegate in the Valencia Community and Equality head within the PSOE, has publicly backed Montero, noting that although the party respects the judicial ruling, it is a "very difficult verdict to digest."

The coordinated statement from the judges' and prosecutors' associations is notable in that it united both progressive and conservative groups — a rarity that has only occurred in previous instances related to judicial strikes in May 2018, according to sources from within the associations.

This particular joint statement, encompassing the Professional Association of the Magistracy, the Francisco de Vitoria Judicial Association, Judges for Democracy, the Independent Judicial Forum, the Association of Prosecutors, the Progressive Union of Prosecutors, and the Independent Professional Association of Prosecutors, carries a more neutral tone compared to typical responses, which often reflect individual political divides.

The associations criticized Montero's comments, which labeled the acquittal a "shame" and questioned whether the presumption of innocence could prevail over the testimonies of young women accusing powerful individuals.

The statement reaffirmed that the independence of the judiciary is a fundamental pillar of the rule of law, reminding the public that judicial resolutions are reached following a thorough analysis of evidence in accordance with existing legislation.

They urged that all institutions and public representatives respect and support judicial officers, avoiding statements that may undermine confidence in the justice system.

Judges and prosecutors highlighted that the presumption of innocence is a "fundamental right" enshrined in the Constitution and in international treaties ratified by Spain.

They noted that an individual cannot be deemed guilty until unequivocal evidence is presented in accordance with the law.

"Questioning this fundamental principle jeopardizes procedural guarantees and fairness in trials," the joint statement warned.

Following the controversy over the ruling from the Catalonia Higher Court, which concluded that the Provincial Court of Barcelona had exhibited "valuation deficits" when it sentenced Alves to four years in prison, the associations underscored the necessity of protecting and supporting victims of crimes, particularly in cases of gender violence and sexual assault.

They asserted that it is crucial for victims to feel supported and for their testimonies to be treated with the seriousness and sensitivity they deserve, while also emphasizing the need to uphold the fundamental rights of the accused to ensure justice in every case.

In contrast, the PSOE has stated that while the judicial decision must be respected, it remains undeniably challenging to accept, particularly since only 8% of victims of sexual assaults file complaints.

Bernabé acknowledged that the ruling does not help in encouraging vital reporting by victims.

After a recent meeting of the socialist leadership, Bernabé reinforced that the government intends to ensure that sexual violence does not go unpunished and that Spain supports victims.

She pointed out that conflicting sentences such as those related to the Alves case may undermine confidence among women who are victims of sexual violence, who require institutional and legislative support.

The Ministry of Justice has submitted a proposal to increase the number of judges and magistrates specializing in gender violence by 53 positions to the General Council of the Judiciary (CGPJ), aimed at enabling them to handle sexual offense cases more effectively.

Justice Minister Félix Bolaños' plan includes creating 39 new positions within Women’s Violence Sections, with the additional 14 roles transitioning from general instruction duties to specialized areas.

Internal sources within the PSOE acknowledge that Montero's comment was not tactful and suggest that she allows her emotions regarding the verdict to influence her remarks but maintain that an apology is unnecessary.