Fierce defense of the Spanish Justice, of all the procedures carried out and of those that will take place in the next days: concretely the judgment of the 'procés' that seat in the dock twelve Catalan independentists leaders as of this Tuesday.
That is the objective pursued by the Minister of Justice, Dolores Delgado, with the publication this Friday of a tribune of opinion in the German newspaper 'Frankfurter Allgemeine' under the title 'In defense of Spanish Justice'.
In the text, Delgado uses as an example of judicial independence the sentence that knocked down Mariano Rajoy, in addition to pointing out condemnations such as the son-in-law of the King, Iñaki Urdangarin, or the former vice-president of the Government, Rodrigo Rato: "The independence and autonomy of our judges and prosecutors regarding the Government have been reflected in some of the media cases of recent years Spanish judges have sentenced a brother-in-law of the King and a former vice-president of the Government, Rodrigo Rato, to prison, and the fall of Mariano Rajoy was due to the lack of credibility that a court gave to his testimony in a corruption case that affected his party, that was the basis of the motion of censure that augured President Pedro Sánchez, "she says in the article.
The minister's tribune comes days after the Ministry of Foreign Affairs launched 'This is Spain', a video to fight against pro-independence propaganda abroad. The promotional video, made by the creative Manu Cavanilles, seeks to spread to national and international public opinion the image that Spain is a consolidated democracy and with a system of freedoms comparable to any European country. For this, the video quotes the Democracy Index of the magazine 'The Economist', which includes Spain as one of the only 20 full democracies on the planet, a report that Delgado also mentions in her tribune. With this type of action, the Government seeks to counteract the independence story outside of Spain.
This is the full text of the article:
"On December 29, 40 years after the entry into force of the Spanish Constitution, the milestone that ended almost four decades of Franco's dictatorship, a norm that was born with the support of almost 90% of Spaniards and that has brought about unprecedented democratic, institutional and economic progress in our history. Today, in the 21st century, Spain is a modern democracy comparable to any of the most advanced states in the European Union.
It is a truth based on objective data that, however, in recent times, has tried to be questioned by some sectors of the Catalan independence movement. Sectors that, denying the constitutional guarantees of our judicial system, have even filed instrumental claims in third countries to sow doubt about the impartiality and independence of our courts.
However, our judges and prosecutors hold the highest levels of independence and autonomy. With its limitations and its problems, Spanish justice is well situated in the average of European countries. The operation of the courts and tribunals, as well as that of its governing body, the General Council of the Judiciary, and that of the Office of the Prosecutor, is subject to the evaluation of international organizations on a regular basis. And the recommendations of these have always been addressed by successive governments.
"The ranking of 'The Economist' places us above countries that only four decades ago we watched from afar with envy"
The Justice Scoreboard of the European Commission (Justice Scoreboard), the main evaluator of Justice in the EU, attests this. Its 2018 report ensures that Spain is within the European standards on judicial independence safeguards. The document underlines in general the existence of legal guarantees, the disciplinary regime of judges and their irremovability, among other aspects.
Thus, in case of having to go before one of our courts or tribunals, any citizen will be entitled to a process with all the guarantees and a resource system equivalent to that of any other Western democracy. In addition, if you consider your rights violated you can always go to the Constitutional Court and, ultimately, appeal to the European Court of Human Rights (ECHR) whose sentences bind the Spanish authorities.
The EU Marker also explains that, in Spain, the Government does not participate in any way in the appointment of judges or in their dismissal. Neither can propose or reject candidates. This impossibility of interfering in Justice is a reinforcement of its independence that our system shares with nine other States, including France, Italy or Denmark.
"Another of the quality indicators of the Spanish Justice are the few sentences before the ECHR"
The independence and autonomy of our judges and prosecutors regarding the Government has been reflected in some of the media cases of recent years. Spanish judges have sentenced to prison a brother-in-law of the King and a former vice-president of the Government, Rodrigo Rato. And the fall of Mariano Rajoy was due to the lack of credibility that a court gave to his testimony in a corruption case that affected his party. That sentence was the basis of the motion of censure that raised President Pedro Sánchez.
Another of the quality indicators of the Spanish Justice are the few sentences before the ECHR, to which everyone has access. According to its statistics, the rate of cases in which that body appreciated a violation of human rights in Spain was 0.1 per million inhabitants. It is the lowest ratio of the entire Council of Europe together with Germany, the United Kingdom and the Netherlands. In addition to the EU and the Council of Europe, Spain is also subject to the oversight of numerous UN committees.
On January 9, the Democracy Index prepared by the British magazine 'The Economist' was published. In its edition of 2018, Spain once again appeared as a "full democracy", a club to which only 20 of the 165 countries analyzed agreed. Ratings as a 9,17 out of 10 in 'political pluralism', a 9 in 'civil liberties' and notes always exceeding 7 in 'political culture' or 'functioning of the Government' underpin the excellence of our constitutional system.
"The fall of Mariano Rajoy was due to the lack of credibility that a court gave to his testimony in a corruption case affecting his party"
The ranking of 'The Economist' places us above countries that only four decades ago, when our Constitution began to walk, we watched from afar with envy for its consolidated democratic institutions. Today we can proudly say that our institutions, and among them the Judicial Power, are also at the highest level.
Spain respects and defends the sacred right of defense of the Catalan politicians prosecuted. But the country can not accept that it is said that its authorities repress ideas or vote. The Spanish Constitutional Court, as the German did in a recent judgment of December 2016, has maintained that, in our fundamental law, as in that of Bonn, there is no room for a referendum on the secession of a territory. That does not mean that there is no democratic way towards independence. That way exists and is foreseen in the Constitution: its own reform ".
https://www.elconfidencial.com/espana/2019-02-08/delgado-proces-independencia-cataluna-justicia_1812778/
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