NO ONE denies that Spain’s justice system is dangerously politicised.
Judges, who are appointed by the political parties, frequently hand down apparently biased rulings. But now, one of their own, the formidable investigating magistrate Baltasar Garzon, is finding himself on the receiving end of a campaign by right-wing opponents and even some who hold a personal grudge against him.
His opponents accuse him of failing to act impartially, of exceeding his powers, and of perverting the course of justice. A majority of the judges of the Supreme Court this week accepted these allegations and ruled that he had to answer the charges.
The silver-haired crusading judge has made his name for investigating high-profile and often controversial cases. He first came to the public eye when he investigated the “dirty war” waged by the state against Basque separatists. The scandal, in which ministers were involved in the cover-up, ultimately brought down the Felipe Gonzalez government.
He has waged his own wars against Eta terrorism and drug barons, and he was the judge who ordered the arrest in London of Chilean dictator Augusto Pinochet in 1998.
But it is his recent crusading at home that has upset the right wing, specifically the conservative opposition Popular Party (PP), which opposes his current investigation, known as the Gurtel case, into allegations of illegal party funding and corruption by senior PP officials, mainly in Valencia and Madrid.
He is accused of overstepping his authority by ordering the tapping of conversations between PP suspects and their lawyers. In a controversial ruling on Wednesday the Supreme Court upheld the accusations and declared the tapes to be illegal – although computer files and pen drives confiscated earlier are admissible as evidence.
Another accusation against Mr Garzon by his enemies is that he accepted funding from the Bank of Santander for a sabbatical at New York University – a claim subsequently denied by the university – and then failed to step aside in a separate case involving Santander.
Two ultra-right wing groups, Manos Limpios (clean hands) and Franco’s old party, the now virtually extinct Falangists, have brought another writ against Judge Garzon, this time for exceeding his authority by challenging the memory of General Franco and ignoring a post-Franco amnesty law, by threatening to investigate the old dictator for crimes against humanity.
He has also infuriated the Franco old guard by authorising a search for the graves of Republican victims killed by Franco forces.
The Supreme Court has said Mr Garzon will be treated and stand in the dock like any other person accused of a crime.
Mr Garzon remains unrepentant and refuses to be defeated by their threats.
“I am absolutely innocent and will prove it. I will not go away,” he vowed last week.