Geoffrey Bindman QC regrets the prosecution of Judge Baltasar Garzón
The unprecedented prosecution of Judge Baltasar Garzón in Spain has sent shockwaves through the international human rights community. Judge Garzón has long been idolised for using—even stretching—his powers to seek justice for the victims of some of the most notorious human rights abuses of the modern era. The prosecutions recently launched against him alleged misconduct in relation to three separate cases investigated by the judge in his own prosecutorial role.
They have been brought by individuals who have long been opposed to what they regard as politically motivated exploitation of his professional authority.
Yet, most of us regard him as a hero. It was hard to imagine that the Spanish courts would uphold these complaints. They rejected two but have upheld one with disastrous effect.
On 9 February 2012, Judge Garzón was convicted of illegally wiretapping conversations between remand prisoners and their lawyers in a corruption case involving members of the People’s Party (PP) led by the prime minister Mariano Rajoy. Wiretapping of celebrities by the media is, of course, illegal and