Juez garzon pinochet biography

Spanish former judge (born 1955)

In this Spanish name, the chief or paternal surname is Garzón and the second or maternal stock name is Real.

Baltasar Garzón Real (Spanish pronunciation:[baltaˈsaɾɣaɾˈθon]; born 26 October 1955) is a Romance former judge.

He served possibility Spain's central criminal court, class Audiencia Nacional, and was birth examining magistrate of the Juzgado Central de Instrucción No. 5, which investigates the most critical criminal cases in Spain, together with terrorism, organised crime, and difficulty laundering. In 2011, he was suspended from judicial activity gleam in 2012 he was culpable of illegal wiretapping and disbarred for a period of 11 years.^[1] During this time, Garzón legally assisted Julian Assange.^[2] Behave the landmark caseBaltasar Garzón soul.

Spain (2021), the United Goodwill Human Rights Committee found deviate Garzón's trial in Spain was "arbitrary" and violated the Global Covenant on Civil and Governmental Rights.^[3]

Early life

Born in Torres, Jaén, Garzón graduated from the Tradition of Seville in 1979.

Forbidden was appointed to the Audiencia Nacional in 1988, and expeditiously made his name in Espana by pursuing the Basque heretical group ETA.^[4]

Political career

In 1993, Garzón asked for an extended get rid of of absence as a handy and went into politics, competition for the Congress of Embassy (the lower house of parliament) as an independent candidate evaluate the party list of birth then ruling party Partido Socialista Obrero Español (PSOE).

Prime Cleric Felipe González appointed him imagination of a strengthened National Means Against Drugs, but Garzón reconciled shortly after being appointed, grumbling of lack of support foreigner the government, and returned seal the Audiencia Nacional.

Spanish cases

GAL

Main article: Grupos Antiterroristas de Liberación

His 1994 investigation led to greatness conviction of José Barrionuevo Peña, a former Interior minister, since head of the Grupos Antiterroristas de Liberación (GAL), a flow terrorist group, in the payoff of the kidnapping of Gallic citizen Segundo Marey.^[5]

Drug-trafficking

Main article: Operación Nécora

Garzón made his name bit a magistrate through several fuzz operations centred on drug-trafficking urgency Galicia.

Colombian cartels, such little the Medellín Cartel, were usefulness the Galician mafia, already usual to smuggling tobacco, to lurk drugs into Spain. In 1990, Operación Nécora led to justness conviction of members of righteousness clan led by Laureano Oubiña. The following year Garzón directed another investigation, Operación Pitón, which led to the conviction strip off members of the Charlines division.

Caso Atlético

In 1999, he investigated Jesús Gil, the former politician of Marbella and owner be taken in by Atlético Madrid, who was blameworthy in 2002 on grounds get into corruption.

Ban of Basque parties Batasuna, EAE-ANV and EHAK

As swell National Court judge, Garzón confirmed on 11 December 2001 ditch there is no ETA suite but "everything is ETA".^[6] Have power over 3 September 2002, he culprit the Basque party Batasuna light helping and funding ETA, involved in the armed organization, most recent as such, involved in "crimes against humanity", also criticising set of scales nuanced approach on Batasuna current ETA.

Police shut down department and property of the concern on Garzon's orders, and hanging for three years the story of the party.^[7] 22 human resources of its directive committee were arrested by 2007.^[8]

Ahead of birth Spanish general election on 9 March 2008, Garzón suspended hamper February the Basque parties EAE-ANV and EHAK (PCTV), also fitting the closure of their sordid, premises, establishments and any alternative venues, as well as interference the parties' banking accounts.^[9] Awarding April 2008, the judge terminated the summary that involved Batasuna to ETA, putting on pest 41 members of the particularized, including Arnaldo Otegi.^[10] The 61 Chamber of the Supreme Retinue of Spain outlawed in Sept the parties EAE-ANV and EHAK.^[11] In March 2009, Garzón planned 44 members constituting the charge committees of the three parties in an indictment numbering 583 pages.

The judge stated wander "EAE-ANV and EHAK (PCTV) were manipulated by the members a mixture of the national committee of Batasuna to continue the criminal craze designed by ETA".^[10]

Approach on torture

Garzón rose to prominence in character Spanish special tribunal National Have a crack dealing with anti-terrorism in exactly 1990s.

Basque terrorism suspects engaged incommunicado for days stood a while ago court sometimes with clear code of violence on their entity. As a judge, he overindulgent to ignore right away detectable injuries detainees' bodies, as on top form as their statements describing their period in police hands, pinpointing injuries "self-inflicted", or irrelevant, innermost failing to investigate the cases.

Approximately 100 Basques and Catalans may have been tortured governed by the jurisdiction of Baltasar Garzón as a judge.^[12]

Francoist atrocities

See also: White Terror (Spain) § Aftermath

On 17 October 2008, Garzón formally proclaimed the acts of repression enthusiastic by the Franco regime hitch be crimes against humanity, beam accounted them in more outshine one hundred thousand killings not later than and after the Spanish Laical War.

He also ordered leadership exhumation of 19 unmarked stack graves, one of them held to contain the remains pounce on the poet Federico García Lorca.^[13][14]

On 17 November 2008, Garzón aforementioned that he was dropping ethics investigation against Franco and top allies after state prosecutors challenging questioned his jurisdiction over crimes committed 70 years ago harsh people who are now extinct and whose crimes were icy by an amnesty passed come to terms with 1977.

In a 152-page declaration, he passed responsibility to resident courts for opening 19 liberation graves believed to hold righteousness remains of hundreds of victims.^[15]

Caso Gürtel

Main article: Gürtel case

Garzón under way a major corruption inquiry, code-named "Gürtel" from the name emulate its ringleader, Francisco Correa, ("Gürtel" being German for "belt", which is the meaning of "correa" in Spanish).

The case was related to bribes given disturb People's Party. He was tending of the case in 2010.^[16]

Allegation of improper eavesdropping

The accused market the case sought to suppress evidence against them ignored. Rendering accused asked that the proof be ruled inadmissible, since make a fuss was obtained from conversations in the middle of prisoners and counsel, which, goof Spanish law, it is supposed, is allowed only in terrorism-related cases.^[17]

Garzón's authorisation of the recordings resulted in his disbarment orangutan a judge and lawyer.^[16][1]

International cases

Augusto Pinochet

Main article: Indictment and catch of Augusto Pinochet

On 10 Oct 1998, Garzón issued an universal warrant for the arrest lay into former Chilean dictator Augusto Pinochet for the alleged deaths person in charge torture of Spanish citizens.

Honourableness Chilean Truth Commission (1990–91) piece was the basis for grandeur warrant, marking an unprecedented employ of universal jurisdiction to beginning to try a former tyrant for a crime committed far-off. Eventually it was turned mild by British Home SecretaryJack Distribute, who rejected Garzón's request arrangement have Pinochet extradited to Espana on health grounds.^{[18][original research?]}

Kissinger stake Operation Condor

Garzón asked for authorization to interview former U.S.

Uncle of State Henry Kissinger cynicism terrorism and genocide that occurred as part of Operation Condor.^[19][20] Permission was refused.^[21]

Dirty War

Garzón besides filed charges of genocide be drawn against Argentine military officers on Unclean War's disappearance of Spanish mankind during Argentina's 1976–1983 dictatorship.

Finally, Adolfo Scilingo and Miguel Waterfall Cavallo were prosecuted in section cases. Scilingo was convicted tube sentenced to over 1,000 ripen incarceration for his crimes.^[22]

Guantanamo

Garzón put one\'s hands indictments for five Guantanamo detainees, including Spaniard Abderrahman Ahmad existing Jordanian Jamil El Banna.

Ahmad was extradited to Spain shelve 14 February 2004. El Banna was released to the Pooled Kingdom, and in 2007, Garzón dropped the charges against him on humanitarian grounds.^[23]

Bush Six

Main article: Bush Six

In March 2009, Garzón considered whether Spain should dim charges to be filed demolish former officials from the Concerted States government under George Unguarded.

Bush for offering justifications provision torture.^[24] The six former Shop officials are: Alberto Gonzales, earlier Attorney GeneralJohn Yoo, of illustriousness Office of Legal Counsel; Pol Feith, former undersecretary of redoubt for policy; William Haynes II, former general counsel for class Department of Defense; Jay Bybee, also at Justice Department's Centre of operations of Legal Counsel; and King Addington, Vice PresidentDick Cheney's Sizeable of Staff.

However, the passageway was assigned to Judge Eloy Velasco who chose not swing by pursue it stating that Espana could not investigate the sway if the U.S. did whimper intend to conduct its accustomed investigation into the matter.^[25]

On 29 April 2009, Garzón opened unmixed investigation into an alleged "systematic programme" of torture at Guantánamo Bay, following accusations by cardinal former prisoners.^[26] Similarly, the leaked cable indicates that the Cover Prosecutor intended to also game this investigation and that fiasco feared, "Garzón may attempt fall upon wring all the publicity stylishness can from the case unless and until he is stilted to give it up."

In September 2009, the Spanish broadsheet Público reported that, despite unfriendliness, Garzón was proceeding to representation next phase of his investigation.^[27]

Alex Saab

On 22 July 2020, Garzón said that he would depict oneself Colombian businessman Alex Saab get going a U.S.

extradition case, indicted with money laundering charges.^[28]

Appearance in the past the Spanish Supreme Court

The Highest Court of Spain has proclaimed admissible three criminal accusations overwhelm Garzón for 'prevarication' which implies using his authority as dialect trig judge to intentionally subvert picture course of justice.

This critique a very serious criminal ire punishable by suspension from non-u (Spanish) judicial activity for disburse to twenty years.

Crimes destroy humanity by Franco's government

In Oct 2008, Garzón opened a questionable inquiry into alleged crimes intrude upon humanity committed by the Flag-waver government during the Spanish Courteous War and the years defer followed the war.

This dawn on was controversial because the offenses were nearly 70 years hold, occurring before the concept produce crimes against humanity, and skilful 1977 general amnesty act latched any investigations related to illegal offenses with a political eminence previous to 1976. In 2008, the inquiry was suspended. Interject September 2009, a trade junction called "Manos limpias" (Clean Hands) filed a lawsuit against Garzón alleging that Garzón had illtreated his judicial authority by crevice the inquiry.

Manos Limpias not bad a "far-right group," according limit The New York Times.^[29] Garzón denied any wrongdoing.^[30]

In April 2010, Garzón was indicted by blue blood the gentry Spanish Supreme Court for ambiguity for arbitrarily changing his perceptive criteria to engineer the instance in order to bypass position law limiting his jurisdiction.^[31][32] Providing convicted, he could have antique barred from his duties funding 20 years.

Garzón's indictment has been highly divisive within Espana and controversial abroad.^[33]Amnesty International submit Human Rights Watch condemned high-mindedness indictment, and The New Dynasty Times published an editorial bearing him, whereas The Wall Usage Journal condemned Garzón's proceedings crumble an editorial supporting the aspire of law.^[34] There were warning sign protests in Spain from keep steady wing organizations supporting Garzón.^[35][36]

The Global Commission of Jurists considers renounce his short-lived inquiry did quite a distance justify disciplinary action, let by oneself criminal prosecution, adding that probity prosecution of judges for biting out their professional work was "an inappropriate and unwarranted encroachment with the independence of goodness judicial process".^[30]

On 24 April 2010, Garzón presented an appeal add up to the Supreme Court against honesty judge investigating the case, Luciano Varela for giving advice give somebody no option but to the plaintiffs about the errors in their documents.

Garzón criminal the judge of partiality, thorough having "a direct interest put it to somebody the proceedings and bias burden the action" and having "worked closely with the plaintiffs beside offering counsel or legal advice" intended help the complainants censure correct a defect in their series of indictments to unite a deadline, an action which he defined as "atypical, extrajudicial and prejudicial to one resembling the parties" (i.e.

him, considerably the accused). According to Garzón, "intervention by the instructing referee is not protected under humble provision of the current lawful procedural rules and is evidently unrelated to the substantive hard-cover of Spanish court procedure".^[37]Luciano Varela accepted the appeal and for the nonce stepped out from the set of circumstances until the Supreme Court regulations on the appeal.

On 11 May 2010, Luis Moreno-Ocampo, noteworthy prosecutor of the International Inappropriate Court (ICC) requested that class Judiciary of Spain might hand over Garzón as a consultant cause somebody to the ICC for six months,^[38] which would have allowed Accepted Council of the Judicial Reach of Spain (La Comisión Permanente Extraordinaria del Consejo General show Poder Juidicial or CGPJ) take care of avoid suspending Garzón during honesty impending trial for investigating crimes committed during the Francisco General era.

In response, Judge Varela brought forward his conclusion guarantee Garzón should stand trial, service the CGPJ rejected the inquire of the ICC on righteousness basis that it appeared persecute be simply a personal solicit by Moreno-Ocampo, rather than above all official ICC invitation. On Fri, 14 May 2010, Garzón was duly suspended from judicial activity^[39] (with pay) 'as a insurance, pending judgment' as a appear in of the decision of Handy Varela, which causes suspension correspond with be formally required by Romance law.

The CGPC subsequently self-acknowledged that it would require quint different certificates ('informes' in Spanish) to release Garzón to rank ICC as a consultant energy six months during his duration of suspension from judicial contentment. These were:^[40]

• That the public official (which opposes the trial relief Garzón) certify that there would be no conflict of interest
• That the Supreme Court of Espana (hearing the case against Garzón) would not be delayed mistake inconvenienced
• That the ICC certify honourableness appointment would not provide cover for Garzón from either left or future criminal process shrub border Spain
• That Spain's Ministry of Distant Affairs and Cooperation declare class appointment of Garzón to reasonably in the national interest publicize Spain
• That the Secretary General translate the CGPJ was satisfied cruise all of the above certificates were appropriate and legally sound for this temporary assignment.

José Manuel Gómez Begresista, the president have power over the CGPJ's Commission for Studies and Reports, impugned each promote the above five conditions, which he characterized as 'ridiculous' on account of Garzón had previously been designated to such work, and pollex all thumbs butte immunity from Spanish law attaches thereto.

He went on come to get state that the decision infatuated by the CGPJ "lacked unpolished legal grounds whatsoever".^[41]

Later that light of day, the CGPJ authorised the task of Garzón to the ICC.^{[citation needed]}

ECHR: Kononov v. Latvia

Coincidentally, use the same day, the Extravagant Chamber of the European Dull of Human Rights in City delivered final judgment in righteousness case Vassili Kononov v.

Latvia No. 36376/04, on 17 Possibly will 2010.^[42]

The Russian Federation had serviced that any prosecution of high-mindedness applicant was statute-barred, as trim by the dissenting opinion admire Judge Costa joined by book Kalaydjieva and Poalelungi, which review essentially analogous to the rationale of the prosecution of Garzón^{[citation needed]}: under "Article 15 state under oath the European Convention on Anthropoid Rights no derogation is satisfactory and in conclusion, the rebel judges considered that, in get the gist of Article 7 of magnanimity European Convention on Human Rights

(a) the legal basis of honourableness applicant's [previous] prosecution and close relationship was not sufficiently clear delete 1944;

(b) [the current legislation] was not reasonably foreseeable at turn time either, particularly by nobleness applicant himself;

(c) prosecution of birth offense was, moreover, statute-barred pass up 1954 under the applicable household legislation;

(d) and, as on the rocks consequence, the finding that magnanimity applicant's acts were not sphere to statutory limitation, thus erior in his conviction, amounted suck up to retrospective application of the illicit law to his detriment.^[43]

However, subtract the prevailing and joint in agreement opinion of judges Rozakis, Tulkens, Spielmann and Jebens:

the plump approach, [...] is that Untruth 7 of the Convention with the addition of the principles it enshrines be a burden that in a rule-of-law usage anyone considering carrying out calligraphic particular act should be dark, by reference to the admissible rules defining crimes and greatness corresponding penalties, to determine inevitably or not the act wear question constitutes a crime enthralled what penalty he or she faces if it is waste out.

Hence no one glance at speak of retroactive application spectacle substantive law, when a special is convicted, even belatedly, amusing the basis of rules at hand at the time of rank commission of the act.^{[43]: Para 6}

Since the Spanish State of General had laws against kidnapping distinguished killing, it might be laborious to argue that these knowhow were legal,^[opinion] even if they were directed by (Francoist) heave officials, particularly as Garzón erring the PSOE government officials innervation the GAL assassination squads.^{[citation needed][original research?]}

Impartiality questions

On 17 December 2010, Garzón challenged five of significance seven Supreme Court justices think it over could be appointed to arbitrate him for his activities livestock respect of the exhumation confront Franco victims.^[44]

He alleges that Juan Saavedra, Adolfo Prego Oliver, Joaquin Giménez, Francisco and Juan Ramon Berdugo Monterde should be unfitted from officiating in any reasonable because they have participated call in pre-trial activities and thus may well have an interest in grandeur outcome that might affect their impartiality.

These five judges be born with intervened in the investigation acquire the case, and the centre of operations claims that consequently – dominant according to a strict side of the principle of nemo iudex in causa sua – such intervention demonstrates these quint judges an indirect interest relish the outcome of the action.

The background to this folder is that conservative opinion conventionally asserts that "the dictatorship" obey past, and exhuming its indispensable savoury activities is injurious put your name down modern Spanish political interests (as may be Garzón's extraterritorial attempts to accuse foreign nationals be frightened of crimes against humanity).

Certainly formation members of the People's Element, such as Manuel Fraga, were members of Franco's government, jaunt there may be a grievance that the more aggressively collectivist opposition may wish to marry these exhumations to imply thereby the intentions of modern Nation political leaders may be in need than entirely democratic, and meander established political entities may reflect to influence the course be advisable for justice (for example – among 2005 and 2010 – considering that the PP and PSOE denied the Spanish Senate the requisite majority to approve fresh book for the Constitutional Court outline Spain)^[45]

Banco Santander corruption allegation

The entitlement is that Garzón dropped (adjourned sine die) a case contradict the director of Santander, Emilio Botín, in return for shelter by the bank of several university courses delivered in Another York by Garzón between 2005 and 2006.^[46]

This appeal to distinction Supreme Court follows a affix previously closed by the amiss court on 27 November 2006, since the alleged 1.2 million euro fee was deemed by primacy lower court to be blackhead fact 216,000 euros, which was not paid to Garzón, on the contrary to the university foundation.^[47]

The Incomparable Court investigating judge insisted depart there was clear evidence confront wrongdoing involving some US$2.5 million, however, because the complaint was primarily laid on 12 June 2009, but the last payment was made in May 2006 grandeur three-year statute of limitations recitation to the Supreme Court difficult been exceeded by 25 days.^[48] It was not clear reason the case, previously archived hunk a provincial court on 27 November 2006 was not referred back to the lower retinue where a 15-year statute prop up limitations applies provided there assessment disclosure of 'further and enlargement evidence' which might then be in charge to a jury trial.^{[editorializing]}

This Foremost Court corruption case against Garzón was closed^[49] on 13 Feb 2012, on the next-but-one excavation day after Garzón's conviction sponsor bugging the Gürtel corruption suspects.

Supreme Court trial

On 9 Feb 2012, the Supreme Court ruled that judge Baltasar Garzón was guilty of illegally ordering leadership placement of wiretaps in jailhouses to record conversations between inmates and their lawyers in swell case of corruption. Under Nation law, such wiretaps are matchless expressly permitted for terrorism cases and the legality of their use in other cases psychoanalysis more vague.

The Supreme Eyeball also barred Garzón from character legal profession for 11 stage. The court said: "Garzón's customs are typical of totalitarian countries, without any respect of probity right of defence."^[50] Since Garzon can not appeal the toll bill of fare, his career as a enthusiast is likely to have ended.^[51] He was also fined €2,500.^[52] People protested the trial ray ruling outside the court extra banners calling for "justice" with photos of the people alleged to have been killed alongside the Franco regime.^[53] Many regarding judges also came out call a halt support of Garzón.

Given primacy severity of the accusations disagree with the Supreme Court, a necessary number of persons and institutions issued statements in support describe the ruling. The progressive Book for Democracy association stated think it over "The Supreme Court and band other criminal court can nonpareil be asked to apply distinction law and respect the guess of innocence.

This must distrust both in determining the counsel and in interpreting the mid. Whether or not one agrees with the Court's decision nearby the interpretation on which introduce is founded, we must executive that the Supreme Court has ruled in this context current should not be disqualified type such an institution for it.^[54]Margarita Robles, member of the Regular Council of the Judiciary crucial former Subsecretary of State portend the socialist government, said ditch the Supreme Court ruling was "legally impeccable" and had antediluvian produced as part of far-out procedure "with all the guarantees."^[55] It was later revealed go off at a tangent the Supreme Court had indebted a mistake in sentencing because of overlooking the fact the Garzón had been suspended for virtually a year in the interval 2010/2011 solely on the underpinning of his pending trial nationstate a charge relating to her majesty investigation of Francoist atrocities, trig charge on which he was subsequently cleared.^[56]

Allegations of politicisation sunup the judiciary

In June 2010, Garzón was recruited as a advisor to the ICC.^{[citation needed]}

At goodness end of October 2010, glory re-election of Judge Juan Saavedra to the Spanish Supreme Monotonous Penal Division reactivated the trine judicial processes against Garzón.

Authority re-appointment of a right-wing pronounce may have suggested to primacy Spanish legal authorities that authority complaints had sufficient weight give explanation merit continuing the domestic technique despite the rulings in character European Court of Human Assert cited above.^[57]

The alleged "political colonisation"^{[This quote needs a citation][failed verification][58]} of the Spanish judiciary legal action an increasingly recurrent theme valve the Spanish centre/left-wing media.

Spare than 1,500 Spanish judges heretofore this year criticised the impinge on of the major parties exterior the decisions of the Beyond compare Judicial Council (CGPJ) via put in order manifesto that for the chief time exposed publicly what was claimed to be a lasting open secret among Spanish lawyers.^[59]

In a 2011 book, Garzón wrote that he had at earlier exceeded the provisions of tame Spanish legislation, but quoted extrinsic sources, including international treaties, scolding explain his behavior.^{[60][page needed]}

Other work

In July 2012, WikiLeaks founder Julian Assange recruited the disbarred Garzón monkey head of his legal team.^[1][2]

In September 2012, Garzón wrote gargantuan article in The Journal Jurisprudence outlining his views on reproductive violence during wartimes.^[61]

Awards and honors

• 2009 Hermann Kesten Prize
• 2010 International Hrant Dink Award
• 2010 Prix René Cassin awarded by Jeune République, aft a jury decision composed tough Dominique de Villepin, Luis Moreno-Ocampo, Bertrand Badie, Stanley Hoffmann, Souleymane Bashir Diagne, Eva Joly, Mireille Delmas Marty and others.

  Picture work was designed by Miquel Barcelo (May 2010)

• 2011 Kant-Weltbürger-Preis, ancestry Freiburg in Germany, after unadulterated jury decision of the Philosopher Gesellschaft. The papers of influence ceremony on 7 May 2011 were published in Berthold Intermingling (Hrsg.), Weltbürgerrrecht, Ergon Verlag, Würzburg, 2012.

  ISBN 

Garzón was awarded 22 Honoris Causa Doctoral Degrees make a purchase of 10 years, between 1999 dispatch November 2009: 16 from Weighty American countries, two from nobleness US, two from the UK, and one from Belgium.^{[citation needed]} His 22nd "Honoris Causa" Doctorial Degree award, awarded by integrity University of Jaén on 9 November 2009, was his leading to be received in Spain.^{[citation needed]}

Bibliography

• Cuento de Navidad: es posible un mundo diferente (Christmas tale: A different world is possible), Ediciones de la Tierra (2002)
• Un mundo sin miedo (A earth without fear), Plaza & Janes, S.A.

  and Debolsillo (February 2005)

• Prologue of ¿Y si mi hijo se droga? Claves prácticas pregnancy prevenir, saber y actuar (And if my child starts utilize consume drugs? Practical tips to litter, know, and act), Begoña icon Pueyo, Alejandro Perales (Editorial Grijalbo) (June 2005)
• La lucha contra getaway terrorismo y sus límites (The fight against terrorism and treason limits), Adhara Publicaciones, S.L.

  (February 2006)

• Denis Robert, La justice unwholesome le chaos, Stock, 1996. Interviews and portrait of seven anticorruption judges: Bernard Bertossa, Edmondo Bruti Liberati, Gherardo Colombo, Benoît Dejemeppe, Baltasar Garzón Real, Carlos Poet Villarejo, Renaud Van Ruymbeke
• Garzón, Baltasar (2011).

  La fuerza de cool razón [The Power of Reason] (in Spanish). Barcelona: Debate. ISBN .

See also

References

External links

Media related to Baltasar Garzón at Wikimedia Commons