The prosecutor of the National Court in charge of the Democratic Tsunami case, Miguel Ángel Carballo, aspires to be appointed new chief prosecutor of Ciudad Real. This prosecutor, with conservative sensibilities (he is a member of the majority Association of Prosecutors), worked in the aforementioned department for 15 years.
According to tax sources informing EL MUNDO, Carballo has requested the provincial leadership of Ciudad Real, which has recently been put up for competition.. In recent weeks, Carballo's name has appeared in all the media for being the prosecutor who does not see evidence of the commission of terrorism crimes in the Tsunami procedure, which currently keeps the former president of the Generalitat Carles Puigdemont, in the hands of the Supreme Court.
In this context, Carballo has harshly attacked the head of the Central Court of Instruction number 6 of the National Court, Manuel García-Castellón, whom he has accused of prolonging the procedure in an “artificial” way, of being “incongruent” and of ” lack of arguments” for wanting to investigate Puigdemont and the ERC leader Marta Rovira for terrorism.
The attacks by prosecutor Miguel Ángel Carballo against García-Castellón have been so loud that the instructor did not hesitate to respond in one of his last orders in the Democratic Tsunami case, emphasizing that, in our Rule of Law, the body that promotes the action of Justice is the Public Prosecutor's Office: “Given the resources for reform of the Public Prosecutor's Office, this instructor understands that we must reflect on the singular fact of having to insist before the body whose mission is to promote the action of justice in defense of legality, on the forcefulness, quantity and clarity of the evidence that allows the initial classification for the crime of terrorism to be sustained. The seriousness of the crimes that are being seen at this moment, the clear impact that these had on the general interests and essential economic structures of the State, the specific damages that were caused to those harmed and the serious injuries suffered by the victims of the crime. , not only demand clarification by promoting the action of justice, but also demand, in defense of legality, that the investigation and prosecution be carried out by the judicial body that holds the objective and functional competence for it, which in this case would be of the Second Chamber of the Supreme Court, as indicated in the Reasoned Exposition that is intended to be deactivated”.
The vehemence with which this veteran prosecutor has defended that terrorism crimes cannot be attributed in the Tsunami case, nor to Puigdemont himself, has been related by different colleagues from the Court with Miguel Ángel Carballo's interest in being appointed the next prosecutor. head of Ciudad Real, an appointment that depends on the attorney general, Álvaro García Ortiz. Prosecutors from the Supreme Court consulted by this newspaper also criticize that “he has given himself to the government cause” in exchange for a new professional destination.. They all emphasize that the vehemence with which Carballo has defended that terrorism cannot be seen in the serious altercations caused by the Tsunami action in 2019 is unusual in the way this conservative prosecutor works.
However, sources close to Miguel Ángel Carballo maintain that the possible appointment to the leadership of Ciudad Real would be a logical step in his career – since it is an opportunity to return to the Prosecutor's Office where he started – and that his opinion on the Tsunami case was known to everyone, including Judge García-Castellón, without having received any order from his superiors to alter it.
Faced with the strong criticism received, this prosecutor clings to the fact that he himself is the one who has requested up to 27 years in prison for some of the members of the CDR, a procedure that is also susceptible to being amnestied with the proposed law being processed by the Congress of the Deputies.
Miguel Ángel Carballo was appointed number two of the Prosecutor's Office of the National Court – that is, designated lieutenant prosecutor – at the proposal of the former State Attorney General, the late José Manuel Maza. When García Ortiz had it in his power to revalidate him in office, he did not do so and appointed a person he completely trusted to the position, Marta Durántez, prosecutor of the Progressive Union of Prosecutors.. “You shouldn't be very grateful that they didn't renew it,” say tax sources.
Meanwhile, the position of the Prosecutor's Office in the Tsunami summary – which was initiated for terrorism, hence the jurisdiction of the National Court – has been varying over the years and, above all, in recent months.. Last summer, before the general elections that left the political future of Pedro Sánchez in the hands of Puigdemont, the Audiencia Prosecutor's Office, with the approval of the chief prosecutor Jesús Alonso, issued a report in which it defended that there were “a multitude of indications of “unquestionable solidity” regarding the commission of a crime of terrorism by the Tsunami platform. That report was signed by prosecutor Joaquín González-Herrero, replacing Carballo, who was on vacation at that time.
Three days after the general elections, and after the García-Castellón court refused to annul the document signed by González-Herrero as requested by Jesús Alonso, the chief prosecutor of the Court issued a second report in which he said that the classification for terrorism was due “to an erroneous transfer carried out by this Ministry”. In addition, Alonso added on July 26 that the Public Prosecutor's Office was not “really in a position, in view of the state of the procedure, to advance its criteria in an exhaustive and conclusive manner on whether or not the aforementioned inhibition is appropriate” to the courts of Barcelona for being the facts constituting possible crimes of public disorder.
Now, temporarily coinciding with the fact that the future of this Government depends on amnestying the former president of the Generalitat Carles Puigdemont, “those conditions” have been clarified and the Prosecutor's Office has been tirelessly asking since last November 10 to refer the case to Catalonia. In contrast, 12 Supreme Court prosecutors considered last week that there are signs of terrorism in Tsunami and 11 of them pointed directly to the probable participation of the Junts leader.