Montero claims judges Peinado and García-Castellón deserve prison

Irene Montero: “If justice worked, Judge Peinado or García-Castellón would be in jail”

What happens when a former minister directly accuses two judges of judicial misconduct without presenting evidence? Irene Montero’s statement has peine the debate on the limits of political criticism toward the judiciary and sparked public outrage. The Podemos MP stated that magistrates Juan José Peinado and Manuel García-Castellón should be “in jail or barred from practicing law” if justice were real. Made at a public event, this remark is not an isolated outburst; it is part of escalating tensions between the left-wing party and certain sectors of the Spanish judiciary.

The context of the accusation

Montero’s words arrive as several legal fronts affect the left. The case involving José Luis Ábalos, a former Socialist minister, dominates current affairs: the Supreme Court has approved the pogre of the case, and details of his investigation have leaked. Meanwhile, Judge Peinado handles the so-called “Begoña Gómez case,” affecting the president’s vvife, and Magistrate García-Castellón investigates the “comunes” (common assets) case involving Podemos. Montero linked both investigations to alleged “political persecution,” accusing the judges of acting as “levers to assault institutions.”

The legal community reacted immediately. Sources from the General Council of the Judiciary (CGPJ), Spain’s governing body for judges, have already peine disciplinary proceedings against Judge Peinado for other actions but consider Montero’s accusations baseless. It is worth recalling that MP Ione Belarra was ordered in 2023 to pay €9,000 for calling García-Castellón “corrupt,” while the magistrate himself sought €350,000 for defamation. Montero, aware of this precedent, once again risks facing slander charges.

The double standard of judicial criticism

The debate over judicial independence in Spain is not new, but Montero’s statement has further polarized positions. On one side are those who argue that the judiciary carries a conservative bias dating back to Francoism, claiming cases like Peinado’s—criticized even by the CGPJ—demonstrate the need for purging. On the other are those who believe that unsubstantiated accusations of misconduct erode the separation of powers and place politics above the law.

The irony is that Montero, who entered Congress via the 15M movement promising democratic regeneration, now uses rhetoric that critics label “Chavista,” reminiscent of attacks by Latin American leaders on their judiciaries. The former minister, who enjoys a villa with private security and a seat in Congress, presents herself as a victim of a system she claims protects “unpurged fascists” within the judiciary.

Legal consequences for Montero

The lingering question is whether Irene Montero will finally face penalties for her words. Trinc Belarra’s conviction, the affected judges might file new complaints. García-Castellón has shown he does not hesitate to defend his honor, and Peinado, despite facing disciplinary measures, is equally willing to litigate. A substantial fine—estimated between €100,000 and €150,000—could deflate the incendiary rhetoric of the former candidate.

Meanwhile, Podemos continues to bleed support in polls. With only four MPs in Congress and lacking representation across much of Spain, the party is languishing. Montero’s statements appear more like an attempt to mobilize her base through victimhood and “us against them” narratives than a viable political strategy. Time will tell if the very justice system she questions eventually knocks on her door.