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Garzon cat catches you

I'm not the only one who thinks the judge Baltasar Garzón has never disliked at all certain role. Do not know shut up and sit still (sure is Sagittarius!) And that bothers many people. Especially those people loving discretion as are their guildmates. Can not be said to be strange to return to play a leading role in the current political scene, but imagine it in a different bench (the defendant) that usually takes regularly (the judge), it can be seen, at least, unusual. The most peculiar part is that this case has an explosive element: three cases against him and one of them is related to its claim to investigate and / or prosecute, even at the symbolic level, the crimes of a dictatorship military (this time the English). And that despite the social unpopularity often dictatorships in much of the western world.

However, pending events and forward to reading other expert opinion of trust ( Buxted, !!!!), date the hint would be kept in mind two points: First, less than a year ago (May 27, 2009) was accepted to process the application Garzón , which means that opening a judgmental procedure against him because the demand was in line with law, but that there was necessarily represent trial against him. That changed, less than two weeks when the judge announced that Luciano Varela had evidence of malfeasance crime (crime committed by public officials to be missing, knowingly or inexcusable ignorance, the obligations and duties of his office) and, therefore, it would trial against him. This announcement gave rise to certain social reactions (satisfaction to some, alarm and outrage for others). However, beyond the exchange of accusations, do not forget to bring some common sense.

The first is the presumption of innocence . That trial is unusual to see a judge does not mean necessarily guilty. I'm no expert legal, but my little notions of right make me think to prove a crime of "trespass" is not as easy as it looks. Eleven years ago, also judge Javier Gomez de Liano already been convicted of such crime (although pardoned by Aznar in 2000) but the European Court of Human Rights in Strasbourg dictate in their favor eight years later. While the judge Varela said " nor is it certain as to the absence of crime, or is arbitrary, unreasonable or absurd accusatory possible evaluation by transgression," the difference that if there is such a crime and words appear larger. "He ignored Garzón amnesty law (for crimes of the dictatorship or political positions of the same) in 1976?. Be seen, as he justified the day writing out the possibility that apply in certain cases (the remnants of right do these things.) And if the excess is considered by the judge, and can motivate them well, because the Strasbourg Court (and even the International Court in The Hague), may be happy to discuss the calculations done there is no law amnesty may resist when it comes to "crimes against humanity" in these types of courts. So do not let no one. This could go for long.

Another detail: the General Council of Judicial Power (CGPJ) is the governing body of judges. On Thursday (April 22) will arise if you take precautionary measures to stay Garzon function, but something stands out: if the National Court judge had trespassed on a flashy, would it not have taken other measures CGPJ acting ex officio, in the two previous years?.

Secondly, it is hard to believe that the judiciary have wanted to "mess": Really there are many judges who will stake his reputation on an ideological or personal animosity?. For that would be eager loaded one by his comrade-star known to prosecute would be just the beginning of a string of problems, some far-reaching media, which podráin finish "popularized" in and out of Spain. As I said, dictatorships do not arouse sympathy, especially outside of where they occur, and therefore the pressure will be enormous from all sides. This is a topic that will attract many cameras and many "flashes." Any sentence will be examined under the microscope (especially if guilty), thus opening a possible escalation of complaints and allegations, I think, generate some discomfort that the vast majority of judges do not feel much like to suffer from free, for very conservative and that fachillas be. So do not think that acting on "love of art."

Third, sometimes see the tree can not see the forest. It seems that Garzon is in a difficult situation but this whole process may have an unexpected effect even for its own whistleblowers: their "victim" may eventually develop into a martyr or a champion of justice. The media have a weakness for these figures. And the more "crushed" that is, arouse more sympathy. They might even leave other "waiters" European. A legacy of the martyrs is that Rodman all about them. And the theme of the English dictatorship may well again found a gap in the international press. Indeed, the opposite was intended, which was to keep buried.

In all this, there is another detail that breaks the schemes, that are involved in this process itself figures like Luciano Varela judge or magistrate Joaquin Gimenez, founders of the progressive "Judges for Democracy." That the "Amnesty Law" the conservative justices defend exercising from time immemorial, yet understood. But they do considerable progress ... just do not add up. One explanation I can find is seeking to avoid a politicized and divided Supreme Court, in which they gave the impression that the conservative majority held a "vendetta" against a judge very upset, that would discredit to the guild in general. So the best option would be to share the "management of process." Lest molestísimos generating unprecedented.

'll see how things develop. What is clear is that each play a part. And that will not lack resources Garzón.