Spanish judge Baltasar Garzon guilty of abuse of power

During the trial, Garzon insisted the wiretaps were legal because the lawyers
themselves were implicated in the case and he wanted to prevent suspected
money-laundering while the suspects were in jail.

But in the written ruling judges wrote that Garzon had engaged in “practices
that these days are only found in totalitarian regimes in which anything is
considered fair game in order to obtain information that interests, or
supposedly interests, the state”.

In another and even more polemic case against him, Garzon stands accused of
overstretching his judicial powers with an attempt to investigate the crimes
of the Franco dictatorship.

That trial, which closed today, heard how he violated a 1977 amnesty law
pardoning the crimes of the Franco era to probe the disappearance of 114,000
people during the Spanish Civil war and ensuing fascist dictatorship.

The verdict is expected later this month.

In a third trial, to open later this month, the judge is facing allegations
that he dropped an investigation into the head of Santander bank after
receiving payments for a course sponsored by the bank in New York, for
which, if found guilty, he faces a jail term.

Garzon’s defenders insist the trials are politically motivated bids to silence
him and punish him for stirring up old tensions with his investigation into
Spain’s darkest era.

His detractors argue that the judge is more interested in fame than justice
choosing headline grabbing cases to further his political ambitions.

Garzon forged a reputation in Spain for investigating Basque terrorist group
ETA and for probing death squads organised by the Socialist government to
fight the Basque separatists.

He came to international prominence with his bold use of universal
jurisdiction to pursue human rights abusers including Pinochet, Osama bin
Laden and Nazi war criminals.

There is no right of appeal to the Supreme Court decision but it is thought
Garzon’s legal team may take the case to the Constitutional Court or even to
the European Court of Human Rights.

Speaking outside the court after the verdict was given yesterday, Javier
Baena, Garzon’s lawyer, said: “We shall carry on fighting, carry on
appealing. We have a long road ahead, but I believe both he and I are more
than strong enough.”

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