The Irish Times, sobre Garzón

El diario The Irish Times ha publicado lo siguiente sobre la suspensión del juez Garzón. Destaco esta oración: "it is not only this controversial investigating magistrate who will be on trial in the coming months. It will be Spain’s political system itself, and the problematic legacy left by the Franco regime" ["en los meses venideros no sólo se sentará en el banquillo el magistrado polémico, sino también el sistema político de España, y el legado problemático que dejó atrás el régimen franquista," traducción mía].

The Irish Times - Thursday, May 20, 2010
Baltasar Garzón

THE ROLLERCOASTER career of Spain’s so-called “star judge”, Baltasar Garzón, has hit a new low with the decision of the General Council of the Judiciary to suspend him from professional duties last week. The case that led to this suspension concerns his investigations into the crimes committed under Gen Franco’s 40-year dictatorship during and following the 1936-39 civil war.

The Supreme Court argues that he did this in the full knowledge that a 1970s amnesty law protects the perpetrators of human rights abuses under that dictatorship. He is charged with perversion of justice at the Supreme Court on this and two other counts. But his supporters argue that he is really being prosecuted for highlighting an uncomfortable reality – modern Spanish democracy is built on a dubious political deal, euphemistically known as “the pact of forgetfulness”, between the heirs of the dictatorship and a majority of democrats. So it is not only this controversial investigating magistrate who will be on trial in the coming months. It will be Spain’s political system itself, and the problematic legacy left by the Franco regime.

The separation of powers between executive, legislature and judiciary is a key democratic principle, but all three cases against Garzón reveal a dangerous degree of politicisation in the Spanish courts. It is tempting to paint Garzón as the innocent victim of such political intrigue. However, this unpredictably partisan figure often appears to be its creature as well as its current target. His fatal error may have been to antagonise all political factions over his 30-year tenure as a senior investigating magistrate.The highs in his professional life have certainly been spectacular. He is best known abroad for his unprecedented attempt to extend the reach of international human rights law.

But his extraordinary achievements have been tarnished by his tendency to exceed his legal powers to get results. This has been equally evident in many high-profile cases: his ruthless pursuit of radical Basque political parties and media; of drug barons; and, most recently and now also the object of a Supreme Court case against him, of corruption in Spain’s biggest opposition party, the right-wing Partido Popular (PP). The flaws in his professional practice might be forgiven if his trial brings about judicial reform and an end to Spain’s amnesia about the dictatorship. But this patently ambitious man has too few friends left in high places for this to be a likely outcome.