Trial begins for famous Spanish judge
January 17, 2012 -- Updated 1246 GMT (2046 HKT)
Famous Spanish judge on trial
STORY HIGHLIGHTS
- Garzon is known for going after former Chilean dictator Augusto Pinochet and Osama bin Laden
- He was suspended in 2010 as a judge pending the trial
- He is accused of overstepping his legal authority in several investigations
- "I face this calmly, with the tranquility of knowing that I am innocent," Garzon said
Madrid, Spain (CNN) -- Spain's best-known judge,
Baltasar Garzon, went on trial Tuesday in Madrid accused of abusing his
judicial authority in an investigation into financial corruption.
The trial before a seven-judge panel at Spain's Supreme Court began
Tuesday morning and if convicted, Garzon, who was suspended in 2010
pending the trial, would not go to jail but could lose his right
permanently to be a judge in Spain.
The trial in the so-called Gurtel financial and political corruption
case is just the first of two trials against Garzon. Next week, a case
that many legal experts say is the more important one, accuses Garzon
again of overstepping his legal authority while investigating human
rights abuses under the former dictatorship of Spain's Francisco Franco.
Garzon became known internationally in 1998 when he sought the
extradition of former Chilean dictator Augusto Pinochet, who was in a
London hospital. Garzon accused him of the murder of Spaniards in Chile
and of crimes of genocide.
Garzon said in May 2010, at the time of suspension from his post as
investigating magistrate at the National Court, "I face this calmly,
with the tranquility of knowing that I am innocent of these charges."
In both trials, Spanish prosecutors have asked that all charges be
dropped against Garzon. But, under Spanish law, a private prosecution is
also allowed and it is the lawyers for these parties that are pressing
the charges against Garzon, judicial authorities and Garzon's lawyers
said.
In the financial corruption case that Garzon was investigating, and
which still has ongoing trials against defendants in various parts of
Spain, Garzon ordered wiretaps against some defendants being held in
jail, and some of their conversations were with their lawyers.
These lawyers later filed charges against Garzon, saying he had
overstepped his judicial authority in ordering the wiretaps and also
violated their constitutional rights.
Garzon later said that if he planned to investigate the defense
lawyers themselves, he would have done so, but that the wiretaps were
due to suspicions that the defendants in the corruption scandal were
moving funds even while they were in preventative prison.
The trial is expected to open with preliminary questions, and if
there are no major delays, Garzon might testify on Tuesday. It is due to
last three days, a Supreme Court spokesman said Tuesday.
The case next week involves alleged abuse of judicial power against
Garzon while investigating mass graves under the Franco regime, some of
which are still being dug up in Spain.
A small civil servants union called Manos Limpias, or Clean Hands,
brought charges against Garzon in the Franco case, saying the he ignored
a 1977 amnesty law approved by Spanish parliament, two years after
Franco's death.
"Parliament unanimously approved the amnesty law. Judge Baltasar
Garzon takes a stance as if they're crazy. What does he think? That he's
better than them," said Miguel Bernard, leader of Manos Limpias.
Bernard denies critics' charges that his group is a tiny far-right
front, but he told CNN he was proud to receive an honor just last month
from the Francisco Franco Foundation.
Outside the ornate 18th century Supreme Court building, a
demonstration in favor of Garzon occurred Tuesday at the door where
court officials entered.
Human rights groups have been closely following the cases against Garzon.
"It is very ironic that Garzon, who has become a symbol
internationally of justice, should be prosecuted at home for the very
things that he became a hero for around the world and in Latin America
in particular," Reed Brody, of Human Rights Watch, told CNN recently.
Garzon, 56, spent 22 years as an investigating magistrate at the
National Court, which handles cases of terrorism and other delicate
cases. He has investigated the late al Qaeda leader Osama bin Laden, the
Basque terrorist group ETA, and drug traffickers.
At times in the past, Garzon has been considered a darling of the
Spanish right or the Spanish left, depending on the cases he was
investigating. His critics say he is too flamboyant, always too willing
to speak in front of the cameras.
Since his suspension in 2010, Garzon has been working as a legal
adviser outside of Spain on human rights cases and judicial issues,
including in Latin America.
A third case against Garzon, for alleged improprieties in organizing
some courses at New York University that had major Spanish corporations
as sponsors, is still in the investigation phase and not trial date has
been set.
In that case as well, Spanish prosecutors have not pressed charges but private prosecution has.