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Rajoy elects a more flexible prosecutor to face a ' procés ' disabled

The government keeps the model of placing in front of the fiscal dome a magistrate of the Criminal Court

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Rajoy elects a more flexible prosecutor to face a ' procés ' disabled

The government has not broken line that it drew up just over a year ago on profile it wanted from state attorney general. The appointment of Julián Sánchez Melgar, Judge of Supreme Court, in substitution of deceased José Manuel Maza, implies continuity in substantive criteria on complaints filed against independence leaders of Generalitat of Catalonia, Although it is attributed more flexibility. Variations can occur on preventive prison measures that, although not shared by government, former attorney general pushed to end.

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With election of Julián Sánchez Melgar as attorney general of State, government follows model by which he has already opted with deceased Maza: to place in front of Public Ministry a magistrate from Criminal Chamber of Supreme and Conservative court. Maza was it and so is Sánchez Melgar, with a very solid technical and professional profile. In election has played a decisive role Minister of Justice, Rafael Catalá, who knows and treats for 15 years, toger with criterion of President of Criminal Chamber of Supreme, Manuel Marchena, which is very heard both by Catalá and by himself preside Nte of government, Mariano Rajoy.

The PSOE has not agreed with Government new prosecutor, who stigmatizes "conservative"


The PSOE has not agreed to name of new state attorney general with Government, nor has it been consulted or knew jurist elected by executive. The general Deputy of Socialists, Adriana Lastra, has explained this Friday that PSOE is not concerned by appointment of Julián Sánchez Melgar at top of prosecution.

The Socialists see in new attorney general a continual line to José Manuel Maza. "It's more of same, a conservative prosecutor naming a Conservative government," highlighted Adriana Lastra in four. The PSOE emphasizes that Sánchez Melgar is a political appointee as executive does, and refore "responds to interests of government."

Nothing had to object to Government on work of José Manuel Maza, whose demise has affected both President and Minister of Justice, although in midst of serious crisis with Catalonia his absolute independence of judgement did not always come well to Government. It shared need to present lawsuits against independence leaders, but not request for precautionary measures made by Prosecutor: Provisional prison for exponents of Government and representatives of Bureau of Parlament. There were moments of tension in those days between government and prosecution, but Maza went ahead with his judgment.

Catalá yesterday pointed out a line of continuity but opened door to changes if circumstances vary. "The lawsuits that were filed against members of Catalan government were decision of institution that is attorney General's office, and not just one person, and those will mark lines of prosecution without prejudice to actions that can be taken," he said.

These actions will be determined by Supreme Court's assumption of all open causes and also by statements made by exmembers of government. If y maintain line of defense of members of Bureau, with ir president Carmen Forcadell to head, to renounce unilateral way of independence or to deny that it was proclaimed, measure of pre-trial detention can be lifted. However, prison measures for those now imprisoned may be reviewed even before appointment of Sánchez Melgar is official. The Government and supreme justices pre-trial detention seemed excessive.

It is not predictable that Sánchez Melgar will give a major change of direction to se positions, but he is attributed more political waistline to his predecessor. The government's candidate for state attorney General was appointed Magistrate of supreme in December 1999 thanks to conservative majority who, n as now, existed in General Council of Judiciary.

Move to or side

Born in Palencia in 1955, Sánchez Melgar entered judicial career in 1983 and at beginning of his career was destined in former Territorial Court of Barcelona. Now, in D.A. 's office, it's up to him to take care of that community again.

It is not an issue that Sánchez Melgar arrives in new because future head of prosecutor's office is one of five supreme Magistrates who signed on October 31st admission to complaint filed by Maza against members of Parlament Bureau. In that resolution, unanimously agreed, magistrates of High Court assumed most of prosecutor's arguments, although y introduced some nuance, such as possibility that re would be insufficient evidence to attribute to those investigated crime of Rebellion (which demands that it has been acted with violence) and would have to be reduced to conspiracy for rebellion. Now, Sánchez Melgar will have to move on to or side and take charge of accusation against independence leaders, who, following decision taken yesterday by instructor Pablo Llarena to unify causes, will be instructed by his former companions of Supreme .

Before his final appointment, this magistrate will have to go through judgment of General Council of judiciary, although his report is not binding, and by a hearing in Committee of Justice of Congress. In lower house, opposition reproaches him for being candidate of government. Both Minister of Justice and government spokesman, Íñigo Méndez de Vigo, recalled yesterday that it is Government's responsibility to appoint Attorney general. He has never been a consensus candidate, but an exclusive criterion for executive.

The judge who proposed ' Parot doctrine '

Julián Sánchez Melgar (Palencia, 1955) is now facing great challenge of his career. But it's not first complicated assignment he takes in 35 years he's been in judiciary. He has served as dean in courts of Santander, has been judge of Superior Court of Cantabria and presided over Ávila audience. In Castilian-Leonesa city coincided with Ángel Acebes, first mayor and n deputy for that province, general coordinator of PP and Minister of Public administrations (n it was of justice). Acebes is considered to be one of drivers of candidacy of Sánchez Melgar as Judge of Supreme Court, Square that got in December 1999.

In High Court also dealt with relevant topics. Among m, to be rapporteur of sentence that established so-called Parot doctrine, which sought to lengn stay in prison of terrorists and or criminals in series. This doctrine was cancelled in 2013 by European Court of Human Rights, which meant a professional blow for Sánchez Melgar.

In anor of controversial doctrines of supreme, which prevented in 2007 that Emilio Botin sat on bench, Sánchez Melgar, a conservative profile, aligned himself with progressive magistrates and opposed that doctrine.


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