Translation of article by Jordi Domingo, "LA DESFERRA DE LA JUSTÍCIA ESPANYOLA (1)"
Source:THE DISASTER OF SPANISH JUSTICE (1)
September 6, 2020
Jordi Domingo
a) The intrinsically Francoist judiciary.
When it comes to talking about Spanish justice and understanding exactly where it is now, we must inevitably go back to the 1978 Transition; to the coup of February 1981; to the 2010 Judgment on the Statiute [of Autonomy of Catalonia]; and, finally, to the so-called Catalan process with the more than well-known legal outcomes for everyone.
At the death of the dictator, anti-Francoism in general failed to grasp that the old man's saying of leaving everything "tied up and well tied up" was not at all futile. We anti-Francoists wanted above all to get out of the black night of the Franco regime and we never realized the real consequences of the pacts reached with the "new democrats", who de facto whitewashed Franco's old guard and protected - if they were not protagonists - the top-ranking civil servants (a component of the Deep State).
Freedom, amnesty and the statute of autonomy were the clamours citizens called for and it seemed that that alone would suffice to achieve a true democracy and a future of full equality, with all the rights and freedoms guaranteed by an independent judiciary. The "nation of nations" and respect for the three historic nationalities seemed almost certain. Nothing could be further from the truth.
On the other hand, as is well known, the 1978 Constitution laid down (with all the pressures and rumours of saber-rattling, which are well attested) that the Armed Forces would have the mission of guaranteeing the sovereignty and independence of Spain, defending its territorial integrity and constitutional order (art. 8.1). In colloquial terms (which are not strictly legal) they were made reponsible (according to their demands) for the defence and safeguarding of the "unity of the Fatherland".
At the same time, the Transition never did anything to change the judiciary or the police. The two basic elements of Francoism, in order to perpetuate themselves in power through the systematic elimination of dissent, with the fiercest and most selective repression of opponents, both remained completely intact and have been perpetuated - without any cleansing - to this day, under the auspices and for the exclusive benefit of the Deep State.
At this juncture, it is worth recalling that the Court of Public Order (the criminal paradigm of Franco's repression) only changed its name - overnight - to the "Audiencia Nacional", the National High Court. Nothing else changed in this awful Court. Many of its judges remained in the Court itself (with the new name) and the rest became Supreme Court judges.
The '78 mirage lasted barely three years. In February 1981 there was a coup d'etat (with the involvement of King Juan Carlos I) and the idea of the "nation of nations" came to an end forever. The LOAPA Act put an end to any national aspiration of the peoples of Spain.
In the meantime, it must also be said that the entry or accession to NATO (1982) and the subsequent referendum on remaining inside it (1986) meant starting, and developing, the dependence of the armed forces under the Atlantic Alliance'scommand, which ended up making the ancestral culture of “saber movements” that the Spanish army had been able to use so well over history gradually recede into the background. This is very important for the role that the Spanish Judiciary will end up taking on and practising.
The 2010 Sentence on the Statute [of Autonomy] amounted, in actual fact, to a new coup d'etat (to borrow the words of the professor of constitutional law Javier Pérez Royo), since it broke the so-called autonomic-constitutional pact between Catalonia and Spain in a definitive way.
The '78 mirage lasted barely three years. In February 1981 there was a coup d'etat (with the involvement of King Juan Carlos I) and the idea of the "nation of nations" came to an end forever. The LOAPA Act put an end to any national aspiration of the peoples of Spain.
In the meantime, it must also be said that the entry or accession to NATO (1982) and the subsequent referendum on remaining inside it (1986) meant starting, and developing, the dependence of the armed forces under the Atlantic Alliance'scommand, which ended up making the ancestral culture of “saber movements” that the Spanish army had been able to use so well over history gradually recede into the background. This is very important for the role that the Spanish Judiciary will end up taking on and practising.
The 2010 Sentence on the Statute [of Autonomy] amounted, in actual fact, to a new coup d'etat (to borrow the words of the professor of constitutional law Javier Pérez Royo), since it broke the so-called autonomic-constitutional pact between Catalonia and Spain in a definitive way.
From this arose the so-called "Catalan process" and everything that has followed: the exponential growth of pro-independence support and the brutal State repression in the 1st October 2017 referendum; to the suspended declaration of independence and to everything that may have the slightest veneer of a national aspiration of Catalonia.
b) The judiciary is the new army
The "judicialization" of politics has never been accidental. Nor has the will of the most radical sector of the Deep State (all of it deeply Francoist) to always put our way of being, doing, thinking and speaking in the spotlight of the political conflict to shape, at every moment, a “war” strategy against Catalonia (economy, culture, language, statute, right to decide, referendum, independence…) that they have taken to the courts, in a systematic way, as soon as it has suited them.
And this is where the Spanish judiciary (the General Council of the Judiciary - CGPJ - and the country's top courts, including the Constitutional Court) decided - very consciously - to take on the role of "saviours of the fatherland" to which the cave and the Deep State systematically invited and pushed them into.
b) The judiciary is the new army
The "judicialization" of politics has never been accidental. Nor has the will of the most radical sector of the Deep State (all of it deeply Francoist) to always put our way of being, doing, thinking and speaking in the spotlight of the political conflict to shape, at every moment, a “war” strategy against Catalonia (economy, culture, language, statute, right to decide, referendum, independence…) that they have taken to the courts, in a systematic way, as soon as it has suited them.
And this is where the Spanish judiciary (the General Council of the Judiciary - CGPJ - and the country's top courts, including the Constitutional Court) decided - very consciously - to take on the role of "saviours of the fatherland" to which the cave and the Deep State systematically invited and pushed them into.
The Deep State was fully aware that since Spain had joined and ingrated into NATO and the European Union respectively, it would be increasingly difficult (if not impossible) to demand that the traditional army behave - under NATO command. - in the aggressive and clumsy way that had always characterized it (even if it enjoyed the “generous” interpretation of article 8.1 of the Constitutional Text).
It was necessary to find a "non-traditional" army that could act, with authority, quickly and forcefully against whatever might attack - in any way (even merely ideological) - against the "unity of the fatherland."
The Spanish Justice system is therefore, today and now, the new national army (in collaboration with the police and the Civil Guard). No more, no less. It is so, unequivocally, with the mentality of the Francoist army. The annihilation of the adversary is what counts. The principle of political opportunity always precedes that of legality. Law, justice and democracy do not count. In short, this is lawfare in all its crudeness and extent.
That is why when we talk about Spanish Justice we have to say emphatically that - in the monarchical and autonomous framework we are now on the receiving of - there is no way out, no solution. It is absolutely contaminated by its Francoist and radically anti-democratic sources. Only a change of regime, with a later radical reform of the system, would allow one a glimpse of a different Justice system. But that is not the case.
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LA DESFERRA DE LA JUSTÍCIA ESPANYOLA (1)
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1a part: https://twitter.com/JordiDomingoGM/status/1302560325238173696?s=19
2a part: https://twitter.com/JordiDomingoGM/status/1302877449840140293?s=19
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