Montero apologizes for the Alves case after the clash with the judiciary

BarcelonaMaría Jesús Montero is backing down. At least, in her own words. The First Vice President of the Spanish government apologized this Tuesday for her remarks regarding the acquittal of soccer player Dani Alves: "If the literal meaning of the expression I used can lead to the conclusion that I have called into question nothing less than the presumption of innocence, which is a pillar of our rule of law, I withdraw it and I withdraw it." However, she did reiterate that she considers the court ruling a "setback" and that we must get to the "bottom of the matter": in her opinion, the important thing is the "debate."

Montero, who spoke to the media at the VI World Forum on Local Development at the Seville Provincial Council, described the acquittal of Alves by the High Court of Justice of Catalonia (TSJC) on Saturday as a "shame." This acquittal overturned a previous conviction of the Barcelona Court of Justice against the soccer player. The Socialist leader lamented that "a victim's testimony is being questioned and that it is being said that the presumption of innocence takes precedence over the testimony of young, brave people who decide to denounce the powerful, the elderly, and the famous," referring to the argument used by the Supreme Court of Justice (TSJC). These words marked the press conference following the Cabinet meeting, in which spokesperson Pilar Alegría balanced the matter: "Respect for rulings is not at odds with being able to express an opinion on them," she said. She also warned that the final say rests with the Supreme Court, suggesting that she trusts the high court to correct the TSJC.

Montero's statements had opened a new front between the Moncloa Palace and the judiciary. Just this Tuesday, the General Council of the Judiciary (CGPJ) issued a statement warning that politicians must "balance their legitimate right to criticism with preserving citizens' trust in institutions." The CGPJ's plenary session issued a statement expressing its confidence in the "professionalism and technical capacity" of the judges of the Barcelona Court of Appeals, who convicted the footballer, and of the High Court of Justice of Catalonia, who acquitted him. "Protecting victims of crimes against sexual freedom does not imply renouncing the presumption of innocence," they state, in any case.

The governing body of the judges is not the first to speak out against Montero, as the People's Party (PP) has also used the statements to point the finger at the Spanish government. They sent a letter to the EU Commissioner for Democracy and Justice, Michael McGrath, denouncing it as a "direct attack" on the rule of law and the separation of powers. In the text, signed by Dolors Montserrat, the PP spokesperson in the European Parliament, the PP echoes the protests of judges and prosecutors and accuses the Spanish government of attempting to "delegitimize the decisions of the courts when they do not conform to political expediency." Therefore, they call on the European Commission to reiterate that respect for judicial independence is "non-negotiable" and to condemn "any attack" on the judiciary.

Unanimous disapproval

In fact, beyond the statement this Tuesday from the CGPJ, all judges and prosecutors had already unanimously reproved Montero. Monday"It is essential that institutions and public representatives respect and support the work of judges and magistrates, and avoid comments that could undermine confidence in our judicial system," the group of judges and prosecutors stated. In their opinion, Montero's statements jeopardized "the fundamental right to the presumption of innocence" and, therefore, also "procedural guarantees and fair trials."

In his dual role as a judge on leave and a member of the Spanish government, Interior Minister Fernando Grande-Marlaska also spoke out this Tuesday, ensuring that he did his utmost to educate. "In matters that represent a social scourge such as violence against women, not only the authorities of the executive branch, but also those of the legislative and judicial branches, must clearly explain our statements and resolutions about why certain conclusions are reached, in order to raise awareness in society," he emphasized.