The Chief Prosecutor Considers It “Illegal” To Appoint Javier Zaragoza As Camp Coordinator For Gibraltarian

2021-02-22   |   by CusiGO

The appointment of Javier Zaragoza as Deputy Prosecutor against drug trafficking in the camp in gibraltarian led to the division of the office of the prosecutor against drugs. Attorney general Jos é ram ó n nore ó a on Monday challenged the appointment of the state attorney general as “illegal” and “inappropriate.”. Nore NIA complains that the decision “absolutely does not require any formal procedures” and creates “overlap” on the organizational chart.

“The more a problem is solved, the more complex the situation will be.” this is the key prediction of the Norwegian prosecutor who has been leading the office of the special prosecutor for drug control for 15 years. He appointed Javier Zaragoza as Deputy Prosecutor, responsible for coordination and strengthening The environment of rural gibraltarian. Norenia yesterday submitted a letter to the attorney general’s office demanding the repeal of the decree appointing Zaragoza, which norenia said “should be regarded as totally invalid”.

The newspaper contacted the attorney general’s office yesterday to ask for his views on the events reported by norenia, but the agency temporarily refused to assess the allegations in the letter.

The appointment of Delgado means the return of saragoza, the prosecutor of the Supreme Court, who has devoted most of his career to this issue. As the Deputy Prosecutor of the office of the anti drug prosecutor, he led the main investigation into drug trafficking in Galicia, which eventually led to operation Nera. However, in a very harsh and lengthy text, the director of the office of the prosecutor insisted that the functions entrusted to the new coordinator of the camp in gibraltarian were “entirely” consistent with the coordination powers he now exercised, which, he said, violated the constitution of the office of the prosecutor. Nore NIA said the rule does not empower Delgado to delegate authority to the special prosecutor’s office, which is already within the purview of an organ of the prosecutor’s office.

However, the director of the office of the prosecutor warned that not only is the office of the special prosecutor against drugs an organ of the office of the prosecutor, but in its functions or powers, the organizational status of managing professional operations gives it the function of coordinating the activities of the offices of the prosecutor, “To prevent and suppress illicit drug trafficking and money laundering related to such trafficking”. That is to say, according to the allegation of Zaragoza, the role of coordinator now given to Zaragoza has been exercised by the director of narcotics.

Norenia also questioned the order from a formal point of view, because it was “totally and absolutely without any procedure”. “There is no case record, the restrictive publicity of the act has been delayed for four days, there is no sign of any remedial measures, so important issues such as knowing who voluntarily passed the act are ignored,” the director of narcotics warned, He accused Delgado of not consulting him on the “necessity or desirability” of appointing a Regional Coordinator for the camp in gibraltarian. Nore ó a also denounced the appointment of a “specific” person rather than “internal competition” and did not listen to the opinion of the prosecutorial committee that “as a professional representative body, it has the right to report on appointments or appointments”.

The DEA director’s letter questioned not only Delgado’s decision in form, but also his actual function. According to norenia, the order to Zaragoza was “inappropriate” for several reasons. The first reason is that a person appointed as a coordinator or “reinforcement” of the office of the special prosecutor on drugs is not included in the office, which puts his / her leadership in the office at risk. In addition, the prosecutor warned that “the powers of the signer (under the constitution of the office of the prosecutor) and the appointee (under the statute) do overlap or actually coincide, Between the powers conferred on it by the act and the powers of ANA Isabel villagomez, the “Autonomous Representative” of the office of the special prosecutor for narcotics in Andalusia, who was appointed in July 2019 in a competitive process.

“Overlap”

“Maintaining the above overlapping decrees will only cause suspicion and confusion among national security agencies and forces, as well as among members of the office of the prosecutor (not only representatives of the office of the special prosecutor, but also representatives of specialized departments), Even the supreme, provincial and District Prosecutors) about who to turn to for help, why, or, if they are instructed, they are no longer contradictory, but totally different, and who they should obey, “The so-called solution, on the contrary, undermines the normal operation of the whole mechanism for the investigation and suppression of drug trafficking and money laundering related to drug trafficking.”.

In such a hierarchical and institutionalized institution as the public prosecutor’s office, the written materials submitted by the director of drug control try to use a channel provided by the professional organization status to challenge the orders and decisions of the superior (in this case, the state attorney general). Norway welcomes Article 27.1 of the statute, which provides that “when the prosecutor receives an order or instruction which he considers to be contrary to the law, or which he considers inappropriate for any other reason, he shall notify his chief prosecutor in a reasonable manner”. If the order is issued by the state attorney general, as happened in this case, “he will make a decision after hearing the opinions of the chamber prosecutor’s Committee”, which is expected to force Delgado to convene this body in the next few days.