News analysis
Spanish justice
Investigating the investigator
Jan 18th 2012, 11:57 by G.T. | MADRID
A FRESCO on the ceiling of Madrid's Supreme Court shows a menacing scene of Goya-inspired intensity, with knife-wielding savages and children being throttled to death. On a wall a large sculpture depicts the crucifixion of Jesus.
As the country's most famous magistrate, Baltasar Garzón, went on trial here yesterday his supporters claimed he was suffering something akin to the crucifixion scene. His enemies, who want him banished from the judiciary for 17 years for, they believe, abusing his powers, see him as more like the villains on the ceiling.
Few people divide Spanish opinion as absolutely as the slick-haired investigating magistrate. Some think he should be awarded the Nobel Peace prize. Others demand public pillory.
Mr Garzón has made many enemies. They include supporters of Augusto Pinochet, the former Chilean dictator, who was arrested in London in 1998 on Mr Garzón's orders, and backers of the military strongmen who once ran Argentina. Mr Garzón has successfully expanded international human-rights law to prosecute and jail their henchmen in Spanish courts.
If his enemies abroad are numerous, those at home are legion. Mr Garzón has taken on Socialist-led state terrorism and corruption in the conservative People's Party, which now runs Spain, as well as drugs barons, arms traffickers and ETA, the Basque terrorist group. He has trodden on many toes, including those of fellow judges.
It was no surprise, then, that while protesters chanted about “fascists and the corrupt putting the judge on trial”, viewers of Intereconomia, a conservative television channel, sent gleeful tweets accusing Mr Garzón of being “arrogant”, “overbearing” and backed by “vengeful communists”.
Mr Garzón faces not one trial, but three. In each he is charged with what Spaniards call prevaricación, or knowingly dictating unjust measures during investigations (as a magistrate he prepares cases, but does not try them). The charge is rare. To face it three times over is unknown.
The trial that began yesterday involves a PP corruption case known as “Gürtel”. During his investigation Mr Garzón ordered police to tape conversations between suspects remanded in prison and their visitors. That included their defence lawyers, some of whom the judge suspected of laundering their clients' money. The lawyers claim this damaged their clients' right to a fair defence.
In a second case due to start on January 24th, Mr Garzón stands accused of abusing his powers by opening an investigation into the deaths of 114,000 people under the dictatorship of Francisco Franco between 1936 and 1975. In that case Mr Garzón named 34 former generals and ministers, including Franco himself, who he suspected of crimes against humanity. All were already dead.
A third case alleges that Mr Garzón should have disqualified himself from court decisions involving Banco Santander. Those bringing the prosecution claim Mr Garzón had received money from the bank during a sabbatical at New York University, although the university denies this.
Some see jealous Spanish judges trying to get rid of a colleague who has outshone them. Others see a rogue magistrate getting a taste of his own medicine.
The case mostly raises questions about guarantees in Spain's judicial system. If Mr Garzón is a multiple prevaricador, why was he not stopped long ago? And if not, can Spanish judges be independent without facing prosecution?
In this blog, our correspondents respond to breaking news stories and provide comment and analysis. The blog takes its name from newsbooks, the 16th- and 17th-century precursors to newspapers, which covered battles, disasters, debates and sensational trials
Advertisement
- Analects | China
- Americas view | The Americas
- Babbage | Science and technology
- Bagehot's notebook | British politics
- Banyan | Asia
- Baobab | Africa
- Blighty | Britain
- Buttonwood's notebook | Financial markets
- Charlemagne's notebook | European politics
- Clausewitz | Defence, security and diplomacy
- Democracy in America | American politics
- Eastern approaches | Ex-communist Europe
- Elysée | France’s presidential election
- Free exchange | Economics
- Game theory | Sports
- Graphic detail | Charts, maps and infographics
- Gulliver | Business travel
- Johnson | Language
- Leviathan | Public policy
- Lexington's notebook | American politics
- Newsbook | News analysis
- Prospero | Books, arts and culture
- Schumpeter | Business and management
Most commented
- The euro crisis: The Greek run
- Foreigners in China: Barbarians at the gate, again
- Brazil’s economy: A bull diminished
- Russia and NATO: Rethink the reset
- Gay marriage: North Carolina begs the question too
- Nationalism online: Backfired
- Politics and private equity: Bringing the Bain
- Turkey’s cultural ambitions: Of marbles and men
- India-China relations and the media: Blame the messenger
- Greece and the euro: Exodus, chapter 1
Over the past five days
Most recommended
- The euro crisis: The Greek run
- Greek politics: Slouching towards the drachma
- Foreigners in China: Barbarians at the gate, again
- Brazil’s economy: A bull diminished
- The euro crisis: Going, going, gone?
- Jacob Zuma: Portrait of a president
- Rival versions of capitalism: The endangered public company
- Bo Xilai v Chen Guangcheng: Who is the mightier?
- Facebook goes public: Not top of the pops
- France and Germany: The Frangela show
Over the past seven days
Advertisement
Readers' comments
The Economist welcomes your views. Please stay on topic and be respectful of other readers. Review our comments policy.
Sort:
The problem with Garzon is he sees problems only on the right. As a result, he is an admirer of Castro in Cuba. Which means that his decisions to prosecute were motivated by politics, and not by a sense of justice.
Whoa, the self-proclaimed "palladin of justice", the witch-hunter of South American anti-socialist regimes, the seek Socialist arrogant Judge will be taken to Court ! Excellent,repeat , ex-ce-leent even thoug I don't think Baltazar will get any worse than a slap on the wrist.
It is obvious that such character abuses power , so the 3 prevarication charges should stand. As for money changing hands, let's see it hard proof comes up to corroborate that.
Baltazar you are history
Baltazar: desaparezca, viejo arrogante !
Garzón himself explains on a movie that his hell began right after Gurtel case. My read is that they want to stop him. Even with him out of the case, for 2 years every 3 days a new corruption case is located related to Gurtel. Can you imagine him deeply involved? Very dangerous.
Most of us are ashamed. It is unbelievable that a judge with his record is charged for such reasons. In Spain is quite common so see people and news media shocked by the actions of some judges, some delaying procedures involving gays, single mothers, or even cases of judges extorting employers. In most cases, judges end with a slap on their wrists. In the case of Mr. Garzón, it´s obvious that the far-right groups and some or his "colleagues" that had envied him for years, have joined forces and will make clear that democracy in Spain is still far from the Judiciary system.
In fact, I think there is A LOT of truth in MANY of the things being said: he has fought State terrorism from Socialist Gvts and corruption from conservative Gvts, he tried to prosecute Chilean dictator Augusto Pinochet, he IS a rogue judge, other judges are jealous of him, ...
...but there are OTHER important things about him. The common point in all of them is Mr Garzón's superhuman vanity (which is good when put to good ends and very bad when not):
- he has been widely criticized for being quite sloppy when doing his work (allowing several terrorists and narcos get free of jail because of his procedimental mistakes), probably because he manages to get a hold on each case that has a chance of hitting the front page (even though he probably doesn't have the time to do a good job in each and one of them)
- in fact, the people in the "Gürtel" corruption case might get free (even if they're guilty) because Spanish law only allows taping interviews between accused and lawyers in the cases of terrorism and narcocrime (and he knew it, which is why he is being judged for "prevaricación")
- the copy of his letter to Banco Santander's President asking for money made first page in all Spanish newspapers ("Dear Emilio [...] Yours faithfully, Baltasar Garzón Juez de la Audiencia Nacional"), although it's true that he recommended that the money be channeled through the University of Columbia
- at one point he temporarily stopped being a judge (leaving an investigation about State terrorism), was elected as MP with the Socialist Party, was part for a short time of the Socialist Gvt, then he got disappointed (the President had promised him a job as Home Office Minister, but then only named him the head of the Anti-Drug Office), then he quit politics and got back to his court in order to get on with the State Terrorism investigation (suspects included the Home Office Minister and the President who had disappointed him).
- a very revealing anecdote: in "Un Mundo Sin Miedo" ("A World Without Fear", an autobiography), he puts the following words in his son's mouth: "Daddy, haven't you felt many times tired and wished to leave everything? what do you obtain in exchange for so much stress and responsability?" (bear in mind that it's Super-Baltasar himself writing that conversation in his own book). That's the conversation that convinces him to take a sabbatical year and go to Columbia University (with a letter to Banco Santander's Mr Emilio Botín and all).
- Ah, by the way, after he asked Mr Botín for money in a letter (later published in all Spanish newspapers), and returned from his sabbatical year, he took charge of a case in which the Banco Santander was accused, and decided that there was no case...
I couldn't have explained it better. That's exactly what's happening with Garzon. You should have written the article yourself. Nice job!
Somehow, the Economist has seen no need to mention that Mr Garzon wanted George Bush tried for war crimes. Somewhere, Dubya is laughing himself dizzy.
and so am I. Garzon's paranoia went out of control. His stunt with GWB was just a trick to get media attention.
Problem with many countries, Spain included, is that top judges are nominated according to their political obediences . There was room for a socialist judge so Garzon was picked.
Anyway you hit the nail on the head : from allmighty inquisition judge Garzon fell into another category : the laughing stock of Spanish judicial system.
Perhaps someone familiar with Spanish law can enlighten me. Who would have standing to sue in the second case? If all of those being investigate are dead, clearly they are not doing so personally. . . .
Those being investigated are dead, true. Different associations, set up to keep the "memory" of those tortured under Franco alive, brought the case before Garzon's court and he decided to take on the investigation (in Spain there are investigating judges that will do the DA's/Crown Prosecution's job). This decision to take on the case was contested and a judged ruled that it was against Spain's Amnesty Law.
the holy inquisition is back in Spain.
Inquisition is what Baltasar Garzon was doing ! The arrogant despot went witch-hunting whatever right wing leader, even the dead, provided it gave him good mesia coverage.
I believe there is a little bit of truth in everything it's said about Mr Garzón. Has he done a great job fighting crime over the years? Yes. Is he being taken to court by vengeful corrupt politicians? Yes. Is he guilty of abusing his powers? Who knows. I doubt many people could have read the particulars of the case.
It's interesting to see how some people believe that obtaining an absolute majority in Valencia washes corruption sins, and how some others easily fail to see other things blinded by Mr Pinochet's arrest and a promise to do the same with dear old DEAD Franco.