Marco Schwartz
FOR some time now, barely a week has
gone by without a news item on corruption in Spain.
Judges preside over interminable trials, announce
hundreds of accusations, call legions of witnesses
and, occasionally, pass sentence, but among the
population there is a growing perception that, in
the end, everyone is getting off lightly, nobody is
being made to pay for his or her crimes and, even in
cases where justice is done, this comes so late that
it loses all its power as an example to others. This
is the best case scenario. In the worst case, the
slowness of the process allows crimes to be
prescribed, or the circumstances of the accused
change in such a way that they cannot be held
accountable.
Currently,
1,661 corruption investigations are underway in 798
courts, of which 302 are "macro-trials." The General
Council of the Judiciary (CGPJ) has asked 64 judges,
18 judicial secretaries and 150 supporting civil
servants to move these cases forward. To date, the
Justice Ministry's response is unknown, given that
it would appear to be far more concerned about the
abortion law reform.
Below
are some of the most
notorious recent cases which, taken together, give a
more comprehensive picture of the problem.
1. Gürtel Case. Began five years
ago. The first examining magistrate, Baltasar
Garzón, was removed from the judiciary. There are
100-plus defendants in numerous separate aspects of
the case. In one, that of the famous suits,
Francisco Camps, former president of the Valencia
Autonomous Community, was acquitted by a jury. The
leader of the network, Francisco Correa, spent three
years in custody and was released in June 2012 after
paying a 200,000-euro bond. In Valencia, six
defendants are currently members of the regional
parliament. Milagrosa Martínez, for whom the
prosecution requested 10 years in prison, is mayor
of Novelda. One of the ramifications of the Gürtel
case was Fundescam, a Madrid Partido Popular (PP)
foundation which financed the 2003 election campaign
that took Esperanza Aguirre to the presidency of the
Madrid Community. This case was filed because the
statutory limitation for crimes of illegal funding
is four years.
The Gürtel case is linked to the
Bárcenas case, in which Judge Ruz just cited as
defendants eight business executives, for alleged
illegal donations to the PP. Two judges disputed the
latter case instead of deciding to unite efforts.
And the trial goes on and on, like that in Dickens'
Bleak House.
2. Palermo Case. A scandal
involving the Democratic Union Party of Catalonia,
accused of illegal funding by diverting public
subsidies for vocational training to party coffers.
It took 14 years from the start of the trial to
sentencing. The accused, an Andorran businessman and
two former officials of the Democratic Union Party,
reached a deal with the prosecutor to plead guilty
in exchange for returning the diverted monies and
serving suspended sentences of less than two years,
because they had no previous criminal record. In
January, the Barcelona Court handed down the agreed
sentences, but decided to imprison them, arguing
that it was necessary to send an exemplary message
to society. But the supposed "example" has been
deferred. On April 29, the court suspended the
sentence until central government reaches a decision
on clemency for the three convicts, requested by
their attorneys.
3. Palma Arena Case. The case,
which began as a result of a claim of overspending
on a Palma de Mallorca velodrome, has already lasted
five years. It is a tangled legal web involving over
25 separate aspects. Jaume Matas, former president
of the Balearic Islands and one of Aznar's former
ministers, was sentenced to six years in prison in
March 2012 on just the first charge: paying a
journalist to write speeches for him . On 2 April,
elconfidencial.es published an article
with the headline: "Convicted Jaume Matas dines by
moonlight without seeing a prison." One of the
separate parts of this macro-case is the Nóos case,
in which the daughter of Juan Carlos I (for now) and
her husband, Iñaki Urdangarín, face charges.
4. Fabra Case. In 2004, more
than nine years ago, the Nules Number 1 Court began
investigating a complaint against the all-powerful
president of Castellón Council, Carlos Fabra. The
case covered alleged crimes ranging from influence
peddling, bribery and tax offenses. Fabra was so
confident of his immunity that he claimed his
undeclared income had been won in the lottery.
Mariano Rajoy, leader of the governing Popular
Party, called him a "model citizen." Eight judges
paraded through the Nules court until the ninth
decided to open the trial next fall. "About time,"
Fabra exclaimed cynically. A man who, despite the
legal scandals in which he is involved, managed to
retain his majority on Castellón Council in 2011. "The
polls have absolved me," he proclaimed, even though
he then left office. Nevertheless, until this past
March, he remained chair of the Aerocas public
company, which manages a costly airport without
aircraft, constructed during his term in office..
5. Sáenz Case. In March 2011, 17
years after the criminal investigation began, the
Supreme Court sentenced the CEO of Banco Santander,
Alfredo Sáenz, to three months in prison for falsely
accusing four business executives in order to
recover a debt of millions of euros dating back to
his presidency of Banesto Bank. The four wrongly
accused executives spent some time in prison. The
Supreme Court ruling implied a loss of "honor" for
Sáenz, and the impossibility any further employment
in the banking sector. However, Sáenz was still in
post two years after the court's decision, until he
"voluntarily" left April 29, in order to avoid the
pitter pill of being dismissed by the Bank of Spain.
In November 2011, the Zapatero government attempted
to save the banker with a pardon, while the Rajoy
government passed a regulatory reform which gave
Sáenz the possibility of continuing in his post if
the Bank of Spain approved it.
Where will all this judicial waffle
end? (LA MAREA)