The Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños, has defended that his recent statements about judge Juan Carlos Peinado were limited to exposing an “objective fact”, thus rejecting the accusations of personal targeting made by the Francisco de Vitoria Judicial Association.
The minister's response is included in a letter sent to the aforementioned association, after it described his words as "unacceptable" upon learning of the magistrate's decision to propose the prosecution of Begoña Gómez, wife of the President of the Government.
The statements that originated the controversy
After the judicial order became public, Bolaños assured that the case "shames" numerous citizens and also members of the judicial and fiscal careers.
Furthermore, he affirmed his confidence that “a higher and independent court will overturn these decisions and take measures in accordance with the law”, in reference to the pending appeals and the review by higher instances.
One day later, at the press conference following the Council of Ministers, he insisted that judicial rulings can be the subject of public opinion within a democratic system.
“Of course, one can express opinions on judicial rulings. That is democracy,” stated the minister, also defending his right to comment as the head of Justice.
Bolaños alludes to revoked resolutions
In the letter, the minister argues that his statements are based on objective circumstances related to the judicial investigation.
According to his statement, around a fortnight of rulings issued by Judge Peinado in the proceedings concerning Begoña Gómez have been partially or totally annulled by the Provincial Court and the Supreme Court.
Among them, it mentions the high court's decision that halted the magistrate's attempt to personally involve him in the case.
However, it also recognizes that the Provincial Court has supported other actions by the investigating judge, such as certain proceedings linked to the embezzlement investigation.
Pending complaints in the CGPJ
Bolaños likewise recalls that the General Council of the Judiciary (CGPJ) maintains pending several complaints and grievances related to the magistrate's actions.
In the minister's opinion, it is a situation "very abnormal" and infrequent within the Spanish judiciary.
“Highlighting this does not imply any personal disqualification, but rather an assessment of an exceptional reality”, he maintains in his writing.
Defense of judicial independence
In the final part of the letter, the minister assures that judicial independence in Spain is “absolutely guaranteed”.
As support for that assertion, it cites a survey by the European Network of Councils for the Judiciary, in which Spanish judges rate their personal independence with an average score of 9.2 out of 10.
“Judicial independence and the separation of powers are not affected in the slightest by any public statement”, adds Bolaños.
The document concludes by reiterating its respect for the jurisdictional function and its willingness to maintain a “loyal and constructive” institutional dialogue.