Judgment despite immunity
EU and fundamental rights: The laughing third party is Spain
Talking to philosophers, psychologists and psychiatrists
According to the judgment of the European Court of Human Rights, it took Spain almost two years to overturn the wrongful judgments over which the five Basques were detained for 6.5 years
How Telepolis Almost two years ago, the European Court of Human Rights (ECHR) in Strasbourg had once again wiped out what was supposed to be democratic Spain. This time it wasn’t about torture and ill-treatment, but about five Basque politicians who, according to the Human Rights Court, had no fair trial and had been locked up for 6.5 years based on fabricated charges.
The Spanish courts, which in violation of the rule of law have carried out a politically desired judgment by all instances, now had no option but to collect the judgment after the EMGR judgment. He has that Supreme Court now gritted his teeth. However, as is customary in a politicized judiciary, they were allowed almost two years for political reasons.
There was a simple reason for that. Elections were due again in the Basque Country. The top candidate and peacemaker Arnaldo Otegi, who like Rafa Díez Usabiaga, Miren Zabaleta, Sonia Jacinto and Arkaitz Rodriguez (see the Telepolis interview: “The time has come to change radically now”) has served his sentence to the last day, had also been sentenced to an official ban.
For the second time, the charismatic Otegi could not compete for the left coalition EH Bildu (Basque Country Gathering). This is how political justice works and how elections are manipulated not only through absurd party bans, which the Basque left is also used to.
It is more than likely that none of the prosecutors or judges will be held accountable for the inventions and judgments. It is only a small consolation that the “star judge” Baltasar Garzón – who even likes to sell himself as an avenger of human rights – has long been sawed off by the former comrades. He was also responsible for this process.
But the man who liked to base his charges on confessions of torture fell out of favor when he began to trample on those for whom he had long been doing the legal dirty work in the Basque Country, as in the case of Otegi and Co and many others .
Because of his inventions, the five politicians were stamped as members of the underground organization ETA and sentenced in unfair trials without evidence. History has long shown that they were actually in the process of handling the ETA, which they successfully did. There is even suspicion that this is exactly what the repression should prevent, that is, the state had an interest in the continued violence. But the one-sided peace process could no longer be blown up by this further episode of repression.
In Catalonia, it has been shown for a good three years that this type of judicial procedure has nothing to do with violence. There is massive repression against a peaceful democratic movement. Here, too, the Spanish judiciary is again using show trials in accordance with political guidelines. Accordingly, the peaceful setting up of ballot boxes is now even “riot”, the Supreme Court writes absurd legal history.
The only problem for the Spaniards is that no independent court in any European country can understand this mischief, which is why extraditions by political refugees such as the former Catalan Prime Minister in Germany, Belgium, Great Britain and Switzerland were refused.
But it gets thicker. The head of the Republican Left (ERC) and former Catalan vice president should never have been convicted, given Oriol Junquera’s immunity. Although the European Court of Justice (ECJ) in Luxembourg has determined this, the man is not sitting in the European Parliament, but is also still illegally in prison. And just now, the Spanish political judiciary has even canceled the relief granted. The initiative came from the Ministry of Public Prosecution – the supposedly progressive government.
It has ensured that Junqueras and other “political prisoners” – as the UN Commission describes them as arbitrary arrests – Relief was removed.
Or as Catalan Pere Grau writes in his blog about “Spanish peculiarities”:
The prominent Catalan political prisoners, who were sentenced to undeserved prison terms in a scandalous trial, have recently been allowed (in accordance with current Spanish law) to leave prison for work a few days a week and 3 nights a week sleep at home. That seemed to the Spanish deep state to be unbearable, and now the prosecutor has asked the Supreme Court to prohibit these reliefs for “riot prisoners” “as a precaution, with immediate effect”
Everything about it is peculiar. However, there is also a judge who is responsible for the supervision of the prison system in Catalonia, who has confirmed the relief for Dolors Bassa and the former President of Parliament Carme Forcadell. He has simply made the law and the law and that leaves his view no other decision too.
Since the government will pull this through the Ministry of Public Prosecution to the Supreme Court, which has never been responsible for it, it is only a matter of time before Bassa and Forcadell have to sit again. Forcadell for doing her job as President of the Parliament and allowing debates in Parliament. For this she got eleven years in prison.
The fact that the Supreme Court has suddenly declared itself responsible for the execution of the detention is a new presumption of office by him, since he is not responsible for it and was not previously. Behind it is the presiding judge of the show trial, Manuel Marchena, who was raised to his post only in very doubtful circumstances.
In fact, as head of the Court of Justice and President of the Judicial Control Council, he was even supposed to control the judiciary and the Court through the “back door”. The spokesman for the ultra-conservative People’s Party (PP) trumpeted, which is why the deal with the Social Democrats failed.
Such a judge would have had its day in any democratic state, but in Spain Marchena was even allowed to control the important process through the front door. Spain need not expect the Strasbourg Human Rights Court to confirm the judgments.
However, with delays at the Constitutional Court, as in the case of Otegi, the wrongful convictions can only be overturned when they are completely dismantled. Marchena is the clearest example of how lawyers are raised to the important positions in dubious proceedings.
That is why the Group of States against Corruption (GRECO) of the Council of Europe always calls for reforms. The criticism is that judges and prosecutors are appointed according to “political connections” and not “legal merits and qualifications”. This is exactly why Marchena is allowed to continue his mischief despite his presumptive office and legal defenses, which constitutional lawyers repeatedly denounce. He enjoys impunity, like the judges who illegally detained Otegi and Co.
After the last EU summit, the question of when Europe will finally do something about the fact that fundamental rights are being trampled on in Spain no longer needs to be asked. In doing so, the right idea was buried that countries must also abide by the rule of law for money allocations from Brussels.
Officially, Poland and Hungary see themselves as winners, but the laughing third is Spain. Democracy has long been undermined in this community. Spain is being tortured and murdered via death squads, that people who take part in a referendum are beaten up.
People are allowed to be locked away for long years who have enabled peaceful voting, as is normal in democratic countries like Britain or Canada. And they even allow Spain to disregard ECJ judgments on parliamentarians. The EU is digging its own grave in Spain, it will be buried with what is happening in the Basque Country and Catalonia, since no action is taken and Spain is called to reason.
And now the country, which has never worked through the dictatorship, where tens of thousands of victims are still buried in mass graves, is also being rewarded with a billion blessing for failing and failing in the corona crisis. However, no euro should flow into the country as long as it does not adhere to the rule of law.
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