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Fri Feb 10, 2012, 07:55 PM

Franco is still dead… by Scott Horton

… but his spirit seems to have inspired a courtroom drama in Madrid the past few weeks. Baltasar Garzón—the crusading investigative judge who once sought the arrest of Chilean dictator Augusto Pinochet, probed crimes against humanity in Central America, exposed massive corruption in public-works projects in Spain, and tried to open the lid on the mass killings of the Franco era—was himself placed in the dock, accused of misuse of his judicial powers. In the end little was left to chance in the rush to destroy him, an effort that brought into alignment the many powerful figures he had offended: the now-governing conservative Partido Popular, which was richly embarrassed by the corruption disclosures of the Garzón-led Gürtel investigation; the United States government, which was angered by his pursuit of a torture investigation focusing on Guantánamo and was openly working for his removal; the heirs of the Franco era, who were whipped into a state of hysteria about the prospect of an investigation into the mass murders of that era.

Even Spain’s leftists and liberals seemed uneasy with the quixotic and sometimes politically tin-eared jurist. Only a ragtag group of human-rights advocates and bar associations from around the Hispanic world stood with Garzón, remembering how he had stood with them against the atrocity crimes of dictatorships, which the polite and the powerful preferred simply to ignore. Now Garzón stands convicted of abuse of power, in comically politicized proceedings that he is not permitted to appeal.

The Guardian reports:

Garzón’s career effectively came to a dramatic end on Thursday as he began an 11-year suspension for illegally wiretapping conversations between remand prisoners and their lawyers in a corruption case involving the prime minister, Mariano Rajoy’s People’s party (PP).

Human-rights advocates, generally eager to press for the procedural rights of the accused in criminal cases, acknowledge that Garzón seems to have exceeded his authority, even as they express puzzlement about how judicially reviewed and approved surveillance can be a grave offense. (The thrust of human-rights protection is, of course, aimed at insuring that it is judicially reviewed.) Count that a special flourish of the Spanish legal system, enforced with special vehemence in order to shield compromised leaders of Spain’s governing party. The irony of this action lies in the still more bizarre fact that the political figures whose corruption Garzón convincingly exposed remain at liberty, while the furor of Spain’s criminal-justice system was turned against their accuser.

remainder: http://harpers.org/archive/2012/02/hbc-90008446

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Reply Franco is still dead… by Scott Horton (Original post)
Jefferson23 Feb 2012 OP
Solly Mack Feb 2012 #1
bemildred Feb 2012 #2
Jefferson23 Feb 2012 #3

Response to Jefferson23 (Original post)

Fri Feb 10, 2012, 08:36 PM

1. K&R

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Response to Jefferson23 (Original post)

Sat Feb 11, 2012, 09:49 AM

2. Corruption flushed into the open. nt

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Response to bemildred (Reply #2)

Sat Feb 11, 2012, 10:55 AM

3. Yep, absolutely, where it belongs. n/t

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