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I have a feeling this can't end well. What do you think?

My understanding is that he's going to appeal to the European Court of Human Rights.

So what happens if they vindicate him?
What happens if they don't?

 

aspiring to genteel poverty

by edwin (eeeeeeee222222rrrrreeeeeaaaaadddddd@@@@yyyyaaaaaaa) on Thu Feb 9th, 2012 at 10:34:54 PM EST
He rejects the sentence and says he will use all the legal means at his disposal to fight it. This means either the Spanish Constitutional Court (separate from the Supreme Court) or the European Court of Human Rights.

I personally don't think Garzón could claim that his fundamental rights have been violated in this particular case. After all, the whole thing can be framed as a disagreement of legal interpretation. However, it appears they will claim that he wasn't allowed to defend himself as all his attempts at bringing evidence were rejected.

The case where the prosecutor drafted the plaintiffs' complaint for them is another matter, but this is not the case that was decided yesterday.

tens of millions of people stand to see their lives ruined because the bureaucrats at the ECB don't understand introductory economics -- Dean Baker

by Migeru (migeru at eurotrib dot com) on Fri Feb 10th, 2012 at 04:13:07 AM EST
[ Parent ]
This might get interesting.

In the communique released by Garzón yesterday in response to the sentence he vows to fight not just his own conviction by the effects that the sentence may have as jurisprudence:

Esta sentencia, sin razón jurídica para ello ni pruebas que la sustenten, elimina toda posibilidad para investigar la corrupción y sus delitos asociados abriendo espacios de impunidad y contribuye gravemente, en el afán de acabar con un concreto juez, a laminar la independencia de los jueces en España.

Acudiré a las vías legales que correspondan para combatir esta sentencia y ejerceré todas las acciones que sean pertinentes para tratar de paliar el perjuicio irreparable que los autores de esta sentencia han cometido.

This sentence, without legal reason for it or proof to support it, eliminates all possibility to investigate corruption and its associated crimes by opening spaces of impunity and seriously contributes, in striving to finish off a particular judge, to erode the independence of judges in Spain.

I will take the resort to the appropriate legal means to fight this sentence and I shall exert all pertinent actions to attempt to mitigate the irreparable damage that the authors of this sentence have committed.



tens of millions of people stand to see their lives ruined because the bureaucrats at the ECB don't understand introductory economics -- Dean Baker
by Migeru (migeru at eurotrib dot com) on Fri Feb 10th, 2012 at 06:48:58 PM EST
[ Parent ]
He may be posturing to not make it appear a personal matter, but I feel he is right: the real problem might not be that Garzón got special treatment compared to other wire-trapping judges in the past, but that other judges might get the same treatment in the future. (What is the importance of precedent in Spanish jurisprudence?)

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Sat Feb 11th, 2012 at 04:56:33 AM EST
[ Parent ]
As I linked earlier, there have been reactions from left-wing judges concerned about the chilling effect of the sentence.

As for jurisprudence, it tends not to be very important. In fact, judicial interpretation of the law is generally frowned upon. Some people have called the ruling an attack on judicial independence because it tells judges they may be indicted for interpreting the law. However, Supreme Court and Constitutional Court rulings do constitute jurisprudence.

tens of millions of people stand to see their lives ruined because the bureaucrats at the ECB don't understand introductory economics -- Dean Baker

by Migeru (migeru at eurotrib dot com) on Sat Feb 11th, 2012 at 05:24:24 AM EST
[ Parent ]

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