Justice, administered and delivered by judges and magistrates in Spain, is administered and delivered in the name of the King. The King, in addressing a legal profession gathering in Barcelona, has reminded judges that it is they alone who impart justice. On Saturday, the King's son-in-law appears in a Palma court. The judge presiding over the "caso Nóos" is consulting with not just the prosecution but also the government and the Partido Popular as to whether they wish the King's daughter, Princess Cristina, to be indicted as part of this case.
Make of this little mix what you will, as there is an awful lot that can be made of it.
Under the Spanish Constitution, the judiciary is independent, and so of course it should be. But the extent to which it truly is independent or neutral is coming under increasing scrutiny. The Garzón affair has raised serious doubts, and the royal family having become embroiled in the wider investigation and trial of the former president of the Balearics, Jaume Matas, raises more doubts.
Let's be clear. If, and one stresses if, there is a case for the King's daughter to answer, then so be it. The royal household, from the outset of the investigation of the Duke of Palma, has made it clear that it respects the actions of the judiciary, but justice being administered and delivered in the name of King when it might involve the King's daughter, as opposed to a commoner (which the Duke is), highlights just how much of a dilemma has been created by the investigation.
For Judge Castro, the dilemma is enormous. By consulting with the government and a political party, he runs the risk of being seen to be subject to political influence. Should it not be his decision and his decision alone? Possibly. But by counselling the wishes of the political class, or a part of it, he is placing the dilemma in the hands of this political class.
In some respects, one could say he is playing a blinder, as he is handing responsibility elsewhere. But however the political class decides to play things, it will be criticised. Firstly, it will be criticised for getting involved at all. Secondly, if it says it does not wish the Princess to be indicted, it risks being accused of applying one rule for one and one rule for another (assuming, that is, there genuinely is a case to answer, and most noises have suggested not, as with the evidence of former Olympic sailing gold medallist, "Pepote" Ballester). Thirdly, if it says it does wish the Princess to be indicted, then it potentially opens up a massive can of worms.
The reason why this can of worms might be opened up is that a trap has been laid by the right-wing union Manos Limpias. In calling for the Princess to be indicted, if the government and the PP were to follow its demand, the union would, in effect, receive official backing. For the government to be perceived as acceding to the wishes of a union with the type of associations it has, i.e. Francoist, could be hugely damaging.
The government will be damned if it does and damned if it doesn't, and a further problem is that the Spanish people, generally speaking, are indifferent to many members of the royal family, with the definite exception of the King, who is held in such enormous regard, and rightly so.
The whole affair surrounding the Duke couldn't have come at a worse time for the Spanish judiciary. The world is having its say about a Spanish system that has tried, convicted and removed from office a leading judge at the behest of right-wing forces. Daniel Kaufmann, senior fellow at The Brookings Institution, has suggested that a travesty has been committed in respect of Judge Garzón, that judicial independence has been compromised, and, moreover, has presented evidence which indicates a decline in Spain's rule of law.
However much the Spanish judiciary is theoretically independent, there is a suspicion of politicisation and partiality. And it is caused not just by politics but also by professional rivalries within the judiciary (the Garzón affair is said to have been influenced by these). Garzón himself is not above charges of politicisation, and it is such charges, for the wider judiciary, which suggests that there needs to be some reform.
At the heart of all this, and a reason why it is all so important, is that the judiciary is a vital instrument of democracy. And in Spain, so is the monarchy. Both institutions, the legal system and the monarchy, are being placed or potentially being placed on trial.
Any comments to andrew@thealcudiaguide.com please.
Showing posts with label Baltasar Garzón. Show all posts
Showing posts with label Baltasar Garzón. Show all posts
Thursday, February 23, 2012
Tuesday, January 17, 2012
Cleaning Hands: Garzón and the Duke
There are times when news reports make you sit up and pay particular attention. They do so because something crops up that you hadn't expected or makes you wonder what it has to do with otherwise repetitious news.
So it was with a news item related to the Duke of Palma affair. This is all terribly repetitious as it is a constant diet of evidence being made public that appears to drop the Duke ever deeper into it. But this particular news item referred to an organisation that I hadn't been aware of playing a part in the affair.
It was the headline that caught my eye. It referred to a "denuncia" against Iñaki Urdangarin (the Duke) by Manos Limpias. It was Manos Limpias that I had not expected. What did it have to do with the case against the Duke?
You might well ask what Manos Limpias is. Its full name is Colectivo de Funcionarios Públicos Manos Limpias, a union of public-sector workers that has only a few thousand members. Why should a union be involving itself with Urdangarin?
The denuncia was raised in Valencia and has to do with accusations of fraud against the Duke and his institute and accusations against representatives of the Valencia Generalitat. The court in Palma which is overseeing the case against the Duke has yet to be decide if the Manos Limpias denuncia will be incorporated into its own proceedings.
In the sense that the public authority in Valencia has been implicated, one can see why a public-sector union might become involved. But Manos Limpias is more than a union. Its name means "clean hands", and it works against corruption of different types, hence its name, and devotes a great deal of energy in pursuing cases of corruption and also in issuing denuncias.
On the face of it, this seems all perfectly laudable, but Manos Limpias operates with a very specific agenda, one that is well to the right of the political spectrum. Its founder was a leading light in the National Front, a party that was wound up in the first half of the 1990s and whose politics were as you might expect given its name. The founder, Miguel Bernard Remón, has been honoured by the Francisco Franco National Foundation; yes, that Franco.
Of other of its denuncias, perhaps the most celebrated is that against the judge Baltasar Garzón. The case against Garzón for exceeding his powers and going against the post-Franco amnesty in seeking to order exhumation of graves and to pursue crimes against humanity related to the Civil War and afterwards has largely been the doing of Manos Limpias and the current-day Falange.
Manos Limpias has not, though, issued just one denuncia against Garzón. There have been nineteen since the 1990s. The union says it doesn't have anything against Garzón, but the frequency with which it has denounced him does rather suggest otherwise.
The case against Garzón related to the Franco-era investigation, which is to come to court this month, is political, pure and simple. State prosecutors had rejected charges against Garzón, so the court case, as also with one to do with the so-called caso Gürtel, under which Garzón was pursuing Partido Popular politicians for corruption, is in effect a private prosecution.
The Garzón affair is frankly an embarrassment to Spain. He may have got carried away with his own celebrity and power, but the hounding of Garzón throws up unpleasant questions about the forces of the right and far right within the country and about the lingering legacy of Franco which Garzón sought the opportunity to investigate and which others denied him.
But what of the Duke of Palma? There is no direct link with Garzón, but there is now a common theme of Manos Limpias. The allegations against the Duke are another embarrassment - to the Royal Family - and his wife, Princess Cristina, is being dragged into the affair more and more, Manos Limpias having also called for a tax-office inspection into her links with the Duke's businesses.
There is a real fear that the Royal Family will be discredited as a consequence of what the Duke may or may not have done. And at the head of the Royal Family is King Juan Carlos, the man who rejected Francoism and the man who put a stop to the attempted coup in 1981.
In Spain there is a law of historic memory that is designed to remove the symbols of the Franco period. In Spain, however, there is also a long memory of Franco. Garzón didn't want to let it go, and nor do others want to let it go.
Any comments to andrew@thealcudiaguide.com please.
So it was with a news item related to the Duke of Palma affair. This is all terribly repetitious as it is a constant diet of evidence being made public that appears to drop the Duke ever deeper into it. But this particular news item referred to an organisation that I hadn't been aware of playing a part in the affair.
It was the headline that caught my eye. It referred to a "denuncia" against Iñaki Urdangarin (the Duke) by Manos Limpias. It was Manos Limpias that I had not expected. What did it have to do with the case against the Duke?
You might well ask what Manos Limpias is. Its full name is Colectivo de Funcionarios Públicos Manos Limpias, a union of public-sector workers that has only a few thousand members. Why should a union be involving itself with Urdangarin?
The denuncia was raised in Valencia and has to do with accusations of fraud against the Duke and his institute and accusations against representatives of the Valencia Generalitat. The court in Palma which is overseeing the case against the Duke has yet to be decide if the Manos Limpias denuncia will be incorporated into its own proceedings.
In the sense that the public authority in Valencia has been implicated, one can see why a public-sector union might become involved. But Manos Limpias is more than a union. Its name means "clean hands", and it works against corruption of different types, hence its name, and devotes a great deal of energy in pursuing cases of corruption and also in issuing denuncias.
On the face of it, this seems all perfectly laudable, but Manos Limpias operates with a very specific agenda, one that is well to the right of the political spectrum. Its founder was a leading light in the National Front, a party that was wound up in the first half of the 1990s and whose politics were as you might expect given its name. The founder, Miguel Bernard Remón, has been honoured by the Francisco Franco National Foundation; yes, that Franco.
Of other of its denuncias, perhaps the most celebrated is that against the judge Baltasar Garzón. The case against Garzón for exceeding his powers and going against the post-Franco amnesty in seeking to order exhumation of graves and to pursue crimes against humanity related to the Civil War and afterwards has largely been the doing of Manos Limpias and the current-day Falange.
Manos Limpias has not, though, issued just one denuncia against Garzón. There have been nineteen since the 1990s. The union says it doesn't have anything against Garzón, but the frequency with which it has denounced him does rather suggest otherwise.
The case against Garzón related to the Franco-era investigation, which is to come to court this month, is political, pure and simple. State prosecutors had rejected charges against Garzón, so the court case, as also with one to do with the so-called caso Gürtel, under which Garzón was pursuing Partido Popular politicians for corruption, is in effect a private prosecution.
The Garzón affair is frankly an embarrassment to Spain. He may have got carried away with his own celebrity and power, but the hounding of Garzón throws up unpleasant questions about the forces of the right and far right within the country and about the lingering legacy of Franco which Garzón sought the opportunity to investigate and which others denied him.
But what of the Duke of Palma? There is no direct link with Garzón, but there is now a common theme of Manos Limpias. The allegations against the Duke are another embarrassment - to the Royal Family - and his wife, Princess Cristina, is being dragged into the affair more and more, Manos Limpias having also called for a tax-office inspection into her links with the Duke's businesses.
There is a real fear that the Royal Family will be discredited as a consequence of what the Duke may or may not have done. And at the head of the Royal Family is King Juan Carlos, the man who rejected Francoism and the man who put a stop to the attempted coup in 1981.
In Spain there is a law of historic memory that is designed to remove the symbols of the Franco period. In Spain, however, there is also a long memory of Franco. Garzón didn't want to let it go, and nor do others want to let it go.
Any comments to andrew@thealcudiaguide.com please.
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