MADRID , Spain ( CNN ) -- Prosecutors will recommend that a Spanish court drop its investigation of six former officials in the administration of U.S. George W. Bush for alleged torture of prisoners at Guantanamo Bay , Spain 's attorney general said Thursday . Investigating judge Baltasar Garzon has the final say on whether to proceed or shelve the case . The claim against the former officials , presented by a human rights group and provisionally accepted last month at the court -- pending an opinion from the prosecutors - threatens to turn the court `` into a toy in the hands of people who are trying to do a political action , '' Attorney General Candido Conde-Pumpido said at a meeting at a downtown Madrid hotel . `` We undoubtedly can not support that action , '' Conde-Pumpido said . If alleged torture at Guantanamo is going to be investigated at all , that should be done first in the United States , so that the former American officials would have a chance to defend themselves there , Conde-Pumpido added , according to his press chief , Fernando Noya . The prosecutors will inform the investigating judge , Baltasar Garzon , of their decision , and the judge would then have to decide whether to proceed or shelve the case , Noya said . Former Attorney General Alberto R. Gonzales and five other ex-Bush administration officials are accused in the human rights group complaint of allegedly sanctioning torture at the Guantanamo Bay detention center . The complaint alleges the six former officials were the legal architects of a system that allowed torture of prisoners at Guantanamo , in violation of international law . The case might still go forward at the court , despite the prosecution opposition , said Gonzalo Boye , a lawyer who filed the complaint for the human rights group . Boye told CNN that prosecutors earlier opposed the court 's human rights investigations of ex-Chilean dictator Augusto Pinochet and , separately , the former military regime in Guatemala , but that those cases went ahead anyway . `` It 's up to the resolution of a court as it has always been , '' Boye told CNN . `` Garzon has to decide . This is a jurisdiction decision for a judge , not for the prosecution . '' Boye predicted that once Garzon officially receives notification of the prosecution opposition , it could take the judge a few weeks to decide whether to proceed with the case . Boye conceded that it makes the case harder without prosecution support . `` It 's a shame the prosecutor is taking this position , but not a surprise , '' Boye said . `` They always obey political orders . They do n't want to be in a bad position in front of the Obama administration . '' Some analysts and bloggers have suggested in recent days that the case could damage relations between Spain 's Socialist government and President Barack Obama 's administration . But a U.S. official , speaking on condition of anonymity , told CNN on Wednesday that a German court once had an investigation of then U.S. Defense Secretary Donald Rumsfeld , but that did not hurt U.S.-German bilateral relations . Garzon accepted the complaint from the human rights group because there were at least four Spaniards at Guantanamo who allegedly suffered torture . Garzon then sent the matter to prosecutors at Spain 's anti-terrorism National Court , requesting their opinion on whether a crime had been committed . The 98-page complaint , filed in March 2008 by Boye on behalf of the Association for the Rights of Prisoners , names Gonzales , who was Bush 's legal counsel when the Guantanamo Bay detention center in Cuba was established as part of the administration 's `` war on terror . '' Gonzales later became attorney general . The complaint also names five other top Bush administration officials : former assistant attorney general Jay Bybee ; former deputy assistant attorney general John Yoo ; former Defense Department general counsel William J. Haynes II , former Undersecretary of Defense Douglas J. Feith and Vice President Dick Cheney 's former legal counsel , David S. Addington . Lawrence Wilkerson , a former top aide to Colin Powell , who was secretary of state in the early years of the Bush administration , testified before a House of Representatives subcommittee in June 2008 that the six officials `` had a collusion '' to develop a legal rationale for the administration 's interrogation policy of detainees . Yoo , the author of a memo which critics say authorized torture , testified before the same subcommittee soon after in June 2008 , saying that his role in the administration had simply been to provide legal advice . `` We were functioning as lawyers . We do n't make policy . Policy choices in these matters were up to the National Security Council or the White House or the Department of Defense , '' Yoo testified , according to a Congressional transcript . Addington proved difficult to pin down when he testified before the same subcommittee on the same day as Yoo last June . Addington , who by then was Cheney 's chief of staff , delivered a flat `` no '' in response to a question from New York Democrat Rep. Jerrold Nadler about whether Addington `` contributed to the analysis or assisted in the drafting of the August 1 , 2002 interrogation memo . '' But when Nadler followed up with : `` You had nothing to do with that ? '' Addington replied , `` No . I did n't say I had nothing to do with it . '' Addington never seemed to clarify what , if any , role he had . Garzon is Spain 's best-known investigating magistrate who issued the precedent-setting arrest warrant for former Chilean dictator Augusto Pinochet in 1998 while he was in a London hospital . Garzon has investigated human rights abuses of former military governments in Chile and Argentina , Islamic terrorists operating in Spain , the armed Basque separatist group ETA , as well as major drug traffickers .
Spanish prosecutors to recommend dropping case against ex - Bush officials . Attorney General to say that case should be probed in U.S. Attorney General says case closed by political action . Final decision on whether to drop or close case rests with the judge .