Prosecutors Advocate for Justice: Baltasar Garzón's Rights Violated in Gürtels Case

The Prosecutors Office of the National Court AN has formally requested that the court instruct the Ministry of the Presidency, Justice, and Relations with the Cortes to execute a comprehensive repair for former judge Baltasar Garzón. This request arises from the assertion that Garzón's fundamental rights were infringed upon when he received an 11-year disqualification for abuse of power. This disqualification was linked to his decision to intercept communications from the lawyers representing the principal defendants in the Gürtel case. In a document disclosed by Europa Press, prosecutor Manuel Campoy has urged the Administrative Litigation Chamber to condemn the Public Administration, demanding the erasure of Garzón's criminal records and calling for significant measures to prevent future violations. Specifically, the Prosecutors Office is pushing for legislative projects that would establish necessary protections to ensure impartiality in prosecutorial actions and to clarify the definition of prohibited conduct in legal proceedings. Moreover, they have called for the publication of a 2021 opinion from the United Nations Human Rights Committee in the Official State Bulletin (BOE). This opinion expressed concerns over the Supreme Court's actions, which were said to violate Garzón's right to a presumption of innocence and access to an impartial review of his conviction. The Committee deemed that the overlapping of trials related to both Francoism and the Gürtel case, both involving Garzón, was particularly problematic since judges from each case participated in both proceedings despite Garzón’s appeal for their recusal. The Committee also highlighted Spain's obligations to ensure Garzón's rights were restored by erasing his criminal records and compensating him for the damages he suffered due to these judicial actions. In addressing the Ministry's failure to comply with these obligations, the Prosecutors Office further contended that Garzón is entitled to an effective remedy for the violations he experienced. Therefore, the Prosecutors Office insists on a comprehensive rectification, reiterating that the Public Administration's silence in response to the plaintiff’s request for compliance with the UN Committee's opinion is legally unjustifiable. They demand compensation for Garzón that reflects the damages he suffered and urges legislative reforms be prioritized to protect individuals from similar injustices in the future. As this situation unfolds, it raises larger questions about judicial integrity and the treatment of individuals in high-profile cases, especially those linked to Spain's controversial past with Francoism. Garzón's case brings to light the necessity of ensuring justice mechanisms are fair and transparent to uphold the fundamental rights of all involved. Related Sources: • Source 1 • Source 2