Spain's Supreme Court opposes pardon for former attorney general García Ortiz, citing gravity of leak conviction

The court's decision

The Spanish Supreme Court's Criminal Chamber has formally opposed granting a pardon to former Attorney General Álvaro García Ortiz. The court, which convicted him in November 2025 for a crime of revealing reserved data, stated it found no reasons of justice, equity, or public utility to support the petition. The report is mandatory under Spanish law but is not binding on the government, which retains the final decision on the measure of grace.

The facts were serious, they have produced a significant impact on the institutionality of the Public Prosecutor's Office due to the relevance of its function, as promoter of justice, guarantor of judicial independence and of the exercise of citizens' rights in accordance with the law.

The court added that the violation of the rule regarding the maintenance of secrecy and confidentiality of its actions is a serious matter, which, declared in a final judgment, must be executed, even if with a legal consequence of little relevance.

Scope of the pardon

The judges emphasized the limited practical effect of the requested pardon. Under Article 4 of the Pardon Law, pardons apply to penalties, not the crime itself, and only to penalties still being served. In García Ortiz's case, the only penalty pending execution is the special disqualification from holding the office of Attorney General.

Pardons are for penalties; not the crime. And penalties already served are not pardoned, only those that are in execution. In this case, only the penalty of special disqualification from the position of Attorney General of the State is pending execution.

The chamber resolved by majority to report unfavorably on the pardon request, underscoring that the proponents of the right of grace did not justify or provide information on reasons of justice, equity, and public utility that would advise the measure of grace.

Background of the case

The conviction stemmed from the leak of an email involving the partner of Isabel Díaz Ayuso, the president of the Community of Madrid. The Ministry of the Presidency, Justice and Relations with the Courts began processing the pardon request last January after receiving a first petition from several citizens, and then asked the high court to issue its report as the sentencing body.

Judicial dissent noted

The adverse report was also signed by judges Ana Ferrer and Susana Polo, who had previously issued a dissenting opinion in the original trial advocating for García Ortiz's acquittal. Despite their earlier position on the conviction, they joined the majority in opposing the pardon.