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UN committee slams Spain for ‘arbitrary’ trials of former judge

Trials of Spain's famous ex-judge Baltasar Garzón over his handling of two high-profile cases were arbitrary and did not respect principles of judicial independence, a UN committee said Thursday.

UN committee slams Spain for 'arbitrary' trials of former judge
Garzón is now a lawyer defending high-profile clients like Julian Assange. Photo: FABRICE COFFRINI / AFP

Independent experts on the Human Rights Committee concluded that the criminal proceedings against Garzón nearly a decade ago, and especially his conviction in one case for wilful abuse of power were “arbitrary and unforeseeable”.

The committee, whose opinions and recommendations are non-binding but carry reputational weight, said the ruling was its first condemning a state for using criminal law against a judge.

Garzón first won global renown by trying to extradite Chile’s former dictator Augusto Pinochet from London in 1998 and is now a lawyer defending high-profile clients like Julian Assange.

He was criminally prosecuted in early 2012 for alleged abuse of power in two separate cases that critics charged were politically motivated.

One case was brought over his decision to open a probe into the disappearance of tens of thousands of people during Spain’s 1936-39 civil war and General Francisco Franco’s subsequent dictatorship.

Garzón, who was accused of violating an amnesty agreement, was acquitted in that case.

But he was convicted in a nearly simultaneous abuse of power trial over a decision to order wiretaps in a probe into a corruption scandal involving members of the conservative party, and was handed an 11-year suspension from the bench.

Garzón filed a complaint with the UN committee in 2016, alleging he had been a victim of multiple rights violations.

The committee, made up of 18 independent experts who monitor countries’ compliance with the International Covenant on Civil and Political Rights, concluded there had been no justification for bringing the judge to trial in either case.

If there had been judicial errors as claimed by the state, they “should have been corrected by a review before a higher court and not through the criminal prosecution”, the experts said.

The committee also found that Garzón’s right to be tried by an impartial tribunal had been violated, since two trials took place almost simultaneously and several Supreme Court judges participated in both cases, despite his request they be recused.

It called on Spain to expunge Garzón’s criminal record and provide him with “adequate compensation”.

“Judges should be able to interpret and apply the law without fear of being punished or judged for the content of their decisions,” committee member Jose Santos Pais said in the statement.

“This is essential to preserve judicial independence.”

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POLITICS

Wife of Spain’s PM investigated for corruption

A Madrid court said Wednesday it had opened a preliminary investigation into Begoña Gómez, the wife of Spanish Prime Minister Pedro Sánchez, on suspicion of influence peddling and corruption.

Wife of Spain's PM investigated for corruption

In a brief statement, the court said it had “opened an investigation into the alleged offence of influence peddling and corruption in business against Begoña Gómez”.

It said the investigation began on April 16 and was “subjected to a secrecy order”.

It gave no further details but the statement was issued several hours after online news site El Confidencial published a story saying investigators were looking into Gomez’s ties to several private companies that ended up receiving funds and public contracts from the government.

It said the probe was linked to the alleged ties she had with Spanish tourism group Globalia, which owns Air Europa.

These are alleged to have taken place when the carrier was in talks with the government to secure a huge bailout after it was badly hit by the plunge in air traffic due to the Covid-19 crisis.

At the time, Gómez was running IE Africa Center, a foundation linked to Madrid’s Instituto de Empresa (IE) business school, a position she left in 2022.

El Confidencial said IE Africa Center had “signed a sponsorship agreement with Globalia in 2020” and that Gómez had also “held a private meeting with its CEO Javier Hidalgo at the company’s offices.

At the same time Globalia was negotiating a multi-million euro bailout with the government”.

In November 2020, Sánchez’s government offered a €475-million lifeline to Air Europa.

Asked about the story in parliament on Wednesday, Sánchez said he had faith in the justice system.

“On a day like today, after the news I’ve heard, despite everything, I still believe in Spain’s justice system,” he said.

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Manos Limpias, which filed the complaint, is headed by Miguel Bernad, a lawyer who was sentenced to four years in 2021 for his role in a scheme to extort major companies.

But he was acquitted by the Supreme Court last month for lack of evidence.

Asked about the El Confidencial story in parliament on Wednesday, Sánchez said he had faith in the justice system.

“On a day like today, after the news I’ve heard, despite everything, I still believe in Spain’s justice system,” he said.

But the right-wing opposition Popular Party (PP) demanded explanations.

“It is imperative that the prime minister holds a press conference to explain,” Ester Muñoz, a senior PP official said.

“This family is being investigated by the court… it is important enough that the prime minister explains himself to the Spanish people.”

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