Slashdot Mirror


Spanish Superjudge To Represent Assange

First time accepted submitter ccguy writes "Spanish ex-judge Balsazar Garzón will represent wikileak's Julian Assange in his extradiction case. In the past 30 years Garzón has led the most important investigations in Spain: Against drug cartels, against terrorist groups (ETA), and against corruption. He's also famous for his attempt to extradite Chilean dictator Pinochet to Spain to judge him for crimes against humanity. In his last investigation Garzón ordered in-prison conversations between corrupt politicians and their lawyers to be monitored. This is legal in Spain if the goal is to prevent further crimes to be committed (such as the inmate telling his lawyer to destroy evidence, or offshore funds). This caused Garzón to be disbarred as a judge. The president of the Supreme Court that signed this disbarment (Carlos Dívar) was later on made to resign, after it was discovered that he used taxpayers' money for deluxe vacations."

48 of 196 comments (clear)

  1. needs more prefixes by Trepidity · · Score: 4, Informative

    Since he was removed from his judgeship, he'd be an ex-super-judge, no? Or perhaps a super-ex-judge?

    1. Re:needs more prefixes by crazyjj · · Score: 5, Funny

      Superjudge Returns.

      --
      What political party do you join when you don't like Bible-thumpers *or* hippies?
    2. Re:needs more prefixes by Anne_Nonymous · · Score: 2

      Superjudge just so happens to be my lucha libre name.

    3. Re:needs more prefixes by Anonymous Coward · · Score: 5, Insightful

      Turn in YOUR geek card now. Three sea shells was from Demolition Man.

    4. Re:needs more prefixes by Stormthirst · · Score: 2

      Except the Stallone movie was a pile of crap. Dredd never takes off his helmet, and yet Stallone spent the majority of the movie with it off.

      That, and it had Stallone in it.

  2. Meta Judge by Grindalf · · Score: 5, Funny

    Will our Talented Framed Swedish Honey-trap Victim and Hero escape? Tune into the next episode of Assange ...

    --
    The purpose of existence is to make money.
  3. Superjudge = Superman? by Anonymous Coward · · Score: 5, Funny

    Superjudge

    Superman

    You be the... "judge".

  4. Re:mediawhoring by drinkypoo · · Score: 3, Insightful

    In US, closest equivalent to Garzon would be Kenneth Starr or Spiro Agnew, or Lynne Stewart.

    That doesn't speak very well of the US, does it?

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  5. Re:Nice stunt by Reverand+Dave · · Score: 5, Interesting

    He is banned from practicing law in Spain but can still practice anywhere else in Europe. The reason he was unseated in Spain was for issuing illegal wiretaps on member of the government that were suspected of corruption. Kind of like if you pointed out some serious flaws in your supervisor's business plan and were then fired for it.

    --
    I got here through a series of tubes
  6. Re:mediawhoring by Anonymous Coward · · Score: 2, Insightful

    Garzon has no credibility

    What you mean is "Garzon didn't take a backhander from a corrupt legislature, so can no longer be a judge".

    as he acted as political activist, not a judge

    As any fool knows, an activist judge is someone who interprets the law in a way you do not like.

    the best defense attorney for a mediawhore is another mediawhore

    Well, it helps when the parties are celebrities. Your angry post proves this.

    In US, closest equivalent to Garzon would be Kenneth Starr or Spiro Agnew, or Lynne Stewart.

    I don't see why insulting the US is relevant.

  7. Re:mediawhoring by crazyjj · · Score: 2

    I was thinking Gloria Allred. As soon as there is any case where there is even the chance of some media attention, she pops up 2 seconds later on every talk show that will let her on, claiming to represent the victim.

    --
    What political party do you join when you don't like Bible-thumpers *or* hippies?
  8. On extradition by metrix007 · · Score: 3, Insightful

    Curious what the /, groupthink thinks of his attempt to extradite a Chilean and try him for crimes in a separate country. We all know the opinion on the US doing it, but what about Spain?

    --
    If you ignore ACs because they are anonymous - you're an idiot.
    1. Re:On extradition by SydShamino · · Score: 4, Interesting

      Spain claims worldwide jurisdiction over certain crimes, though I think they only try to enforce it in the Spanish-speaking portion of the world. The War Crimes Tribunal in the Hague claims worldwide jurisdiction over certain crimes as well.

      Both are fine with me, as long as they use legal means to attempt extradition, and stick to prosecuting mass murderer, genocide, etc., against people who would never be tried in their home countries. Some morality has to be global, and any reasonable person can differentiate between basic, fundamental morality and things that reasonably vary from culture to culture. Slippery-slope arguments to the contrary are fallacious.

      --
      It doesn't hurt to be nice.
    2. Re:On extradition by ccguy · · Score: 2

      Curious what the /, groupthink thinks of his attempt to extradite a Chilean and try him for crimes in a separate country. We all know the opinion on the US doing it, but what about Spain?

      The grounds for the extradition request where that he killed and tortured Spanish citizens.

    3. Re:On extradition by dkleinsc · · Score: 5, Insightful

      Assange is accused of rape and espionage. Pinochet was accused and convicted of ordering the torture of over 40,000 people and murder of over 3000 (not even counting his violent overthrow of a democratically elected government). Assange's crimes, whatever they may be, are in no way equivalent to Pinochet's crimes against humanity.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    4. Re:On extradition by apilosov · · Score: 2, Insightful

      Your mass murderer is someone else's freedom fighter. Certainly a number of countries would feel that way about George Washington for example.

      There's no global morality. Chile certainly disagreed about morality of extraditing Pinochet - that makes it not "global". What's the rule for "global" then, 50%? 75%? What if all Islamic countries decide that since usury is *very* clearly immoral, all US bankers should be extradited there for a trial?

    5. Re:On extradition by orzetto · · Score: 2

      Pinochet was indicted for crimes against Spanish citizens. Just because you have a certain citizenship does not mean you cannot be prosecuted in other countries. Spain is not the only country that claims universal jurisdiction for some crimes; Italy, for example, prosecutes child molestation by its citizens in any country, and Norway prohibits buying sexual services anywhere in the world.

      Also, "the opinion on the US doing it" is mostly influenced by kidnapping and torture by the CIA and other parts of the US government, not legal action from the judiciary with which I for one have no issue with. Garzón operated with legal means only, even though a US-style rendition of Pinochet would have been a poetic justice of sorts.

      --
      Victims of 9/11: <3000. Traffic in the US: >30,000/y
    6. Re:On extradition by jbssm · · Score: 4, Informative

      Assange is accused of rape and espionage.

      First, Assange is certainly not being extradited, accused of espionage nowhere in Sweden or in the UK... obviously. That is just some USA wet dream.

      Second, the only dumb enough people to use the term "rape" for what he did, are the Swedish. He had sex, by mutual consent with a woman, and she found out the condom broke. Assage claims he didn't know (may be true or not, but it happened to me before and I can tell you, it's not very easy to know the exact conditions of a condom around your penis when you are inside a woman), strange enough she continued having intimate relations with Assage for some time after that, as did the other "victim" clamming the same. It was only when the two lucky girls found out we was not faithful to them, that they decided to press charges... talk about a moral high ground here.

    7. Re:On extradition by PlusFiveTroll · · Score: 2

      The US has evidently declared internet gambling immoral and will find a way to get you here to throw your ass in jail, so the thought of other countries trying what you say isn't out of the question, it's just the US has a rather big stick to beat the world with at this time. Just wait till China gets to use theirs.

      I'm pretty sure the UK does still feel that way about Washington based on what I read on internet forums.

    8. Re:On extradition by Grumbleduke · · Score: 2, Insightful

      Assange is accused of what is known as Swedish rape: This means sex with a willing woman but with a damaged/broken condom.

      Also known as sex with an unwilling woman, if he knew her consent was conditional on use of a functional condom. Or rape. There's also the matter of sex with an unconscious woman. Also potential rape.

      Having read the accusations presented in the English court judgments, he is definitely accused of rape under English law (don't know about other jurisdictions). Whether or not his is guilty of that is a matter for a trial (involving evidence, witnesses and so on) if he ever gets one.

      Can we stop pretending that what he is accused of isn't rape and thus helping spread the notion that that sort of behaviour is acceptable or legal?

    9. Re:On extradition by HornWumpus · · Score: 3, Informative

      Waking up woman with foreplay is not the same a fucking a passed out drunk woman.

      These women only screamed rape when they found out about each other.

      It's kind of like the old joke "I'm sorry miss, this $20 bill is counterfeit. Oh my god, I've been raped."

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    10. Re:On extradition by Joce640k · · Score: 4, Interesting

      "Can we stop pretending that what he is accused of isn't rape"

      That's a bit of an insult to all the women who have definitely been raped, beaten, and dumped in an alleyway. And didn't throw parties next day to celebrate. Or tweet about how cool their rapist was. And certainly didn't get international police hunts organized to find/extradite their rapists.

      The last thing I read, Julian Assange was accused of "Surprise Sex", punishable by a 750 Euro fine. Maybe the girl's stories have got more elaborate since then. Why wouldn't they? With no evidence it's just his word against theirs.

      --
      No sig today...
    11. Re:On extradition by tolan-b · · Score: 2

      I'm pretty sure very, very, few people in the UK give a flying fuck about George Washington. What forums are you reading?

      Or are you taking jokes about "the colonials" a little too literally?

    12. Re:On extradition by Rei · · Score: 2

      These women had admittedly consentual sex with Assange between when they were 'raped' and when they found out about each other.

      You clearly didn't read a single thing I said or linked. So why even bother?

      --
      "... Sean Hannity, whose surgery to remove those bolts from his neck was apparently successful, ..."
  9. Re:Nice stunt by TheGratefulNet · · Score: 5, Funny

    illegal wiretaps, though?

    he should apply for US citizenship!

    --

    --
    "It is now safe to switch off your computer."
  10. Re:Nice stunt by Rei · · Score: 5, Insightful

    Well, the wikipedia article on him makes it sound a lot more complicated than that, in that "Under Spanish law, such wiretaps are only expressly permitted for terrorism cases and the legality of their use in other cases is more vague". There were a number of other charges too.

    From the sound of it, he was a very popular judge among the left because he went hard after members of the former Franco government for crimes against humanity. But he sounds like he at the very least "bent the rules" to do so, and the right in Spain was more than willing to take him down for it.

    --
    "... Sean Hannity, whose surgery to remove those bolts from his neck was apparently successful, ..."
  11. Re:Nice stunt by ccguy · · Score: 5, Informative

    He is banned from practicing law in Spain

    He isn't banned from practicing law. He's banning for the judicial career, but he has a law degree (obviously) and he can work as a lawyer.
    Keep in mind that this guy has worked with lots of international agencies, and apparently he's found the people with the largest balls in each. Otherwise Pinochet wouldn't have spent almost a year in London, for example.

    The reason he was unseated in Spain was for issuing illegal wiretaps on member of the government that were suspected of corruption.

    Suspected as in jail no less. He ordered a wiretapping indeed, and everyone else in the process agreed, to make sure that the people in jail wouldn't use their lawyers to continue to commit crimes. In fact, the tapes proved that they were doing so.
    To be honest the reason I submitted the story (one date late indeed, but I expected an Assange story to appear rather quickly) is to bring a bit of awareness on Garzon's story as well as the blatant corruption going on over here (Spain).
    We really owe a lot to this guy, even if the end it seems like the bad guys are getting their way.

  12. Re:Garzon by ACE209 · · Score: 2

    When you represent an organization which is acting against american interests, attention whoring is probably a matter of survival. And from my point of view Julian assange tries to get attention for the ideals of governmental openness and transparency. Which basically seems like a good thing to me.

    --
    "we are all atheists about most of the gods that societies have ever believed in. Some of us just go one god further."
  13. Re:mediawhoring by apilosov · · Score: 2, Interesting

    I'm referring to Pinochet case, obviously.

    I hope the irony isn't lost on /. crowd of the fact that Garzon attempted to extradite Pinochet asserting "universal jurisdiction" for crimes that weren't prosecuted in Pinochet's home country. It isn't all that much of a stretch from Pinochet to Kim Dotcom or Assange.

    My point is, let's be consistent. If Pinochet case was a good precedent, then Dotcom and Assange are in trouble. Otherwise, Garzon is talking with both sides of his mouth.

  14. Re:Nice stunt by Trepidity · · Score: 3, Informative

    Not illegal, which is why he wasn't prosecuted, but subject to significant constraints on when a judge's discretion to use these extraordinary powers is justified. Since, after all, eavesdropping on conversations between a client and his lawyer is not normally permitted, not even in serious cases. He was found to have abused that discretion.

  15. Re:Nice stunt by jbssm · · Score: 3, Informative

    Does this character even have any legal standing in England or Sweden? He certainly doesn't in Spain.

    Think before you write. Baltasar Garzon had to give up being a judge in Spain... not a lawyer. And, he is acting as Assange's lawyer, not as its judge, obviously.

  16. Re:mediawhoring by Joce640k · · Score: 4, Interesting

    I see no duplicity in what he's doing:

    * Pinochet was bad for humanity.
    * The people trying to extradite Julian Assange are bad for humanity.

    In both those cases he's fighting against the bad people.

    --
    No sig today...
  17. Re:Nice stunt by pjabardo · · Score: 5, Interesting

    It is incredible that even after almost 40 years, the judicial system in Spain still looks pretty much the same as in Franco's time. By the way things are going, every mobster should get a law degree. This way they can argue that every conversation they have should be protected by attorney/client privilege. As I understand the case, that's how they got rid of Garzón.

  18. Re:Garzon by Joce640k · · Score: 2

    Is he charged with rape?

    You've been watching too much Fox News...

    --
    No sig today...
  19. SUPERJUDGE! by Jeremiah+Cornelius · · Score: 2

    Will he be borrowing the cape and goggles from Cory Doctrow, for this latest exploit?

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
  20. Re:Nice stunt by jimicus · · Score: 3, Insightful

    We certainly do. But still, this man has the ego the size of a medieval castle and thought he was above the law. He himself lent the bad guys the weapons they used to destroy him. A pity, but a self inflicted pity.

    Are we talking about Assange or Garzon here?

  21. Re:mediawhoring by pjabardo · · Score: 2

    You are wrong. Most countries have signed several agreements on human rights issues. Some of them state that crimes against humanity can not be signed away with some law that either the dictatorship or the new government, too afraid to question the military, made up to pardon crimes committed. And there might be another angle to it even though I'm not sure if it was used in this specific case: several Spaniards (and other Europeans and even Americans) were tortured and killed by the Pinochet regime.

  22. Re:mediawhoring by dabadab · · Score: 2

    He is consistent. Universal jurisdiction does NOT apply to all crimes, only to a select few ones - and Pinochet has committed most of these crimes while Assange has not (and nobody accused him of doing so).

    --
    Real life is overrated.
  23. Re:It's just a stunt anyhow by Joce640k · · Score: 2

    There's nothing to represent. Assanage has lost his case, and all appeals. He is to be deported.

    He can represent him in Sweden and represent him against the USA when they try to grab him once he sets foot on Swedish soil.

    --
    No sig today...
  24. Re:mediawhoring by blind+biker · · Score: 5, Insightful

    It isn't all that much of a stretch from Pinochet to Kim Dotcom

    Let's see: one is accused of copyrights infringement, the other of murdering thousands.

    Yeah, not much of a stretch.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  25. Re:Sorry for your decision Julian by ccguy · · Score: 4, Informative

    (i am a spaniard) Sorry for assange he better get more lawyers or at least ones with better work history. Garzon directly asked for money to the owner of the bank he was judging for his conferences in the US (http://diariorc.com/?p=6950)

    This isn't true and has been disproven already.

    Garzon is accused by one spanish counter terrorist (whichever trust this might have) of hiding the real person in charge of spanish inmoral and illegal war against terrorism

    Uh? If you are referring to GAL, anyone who can prove anything can go to another judge. Saying that this particular judge, who discovered *the whole thing* decided to keep the GAL boss hidden is absurd.

    , by this time he became for some time a politician affiliated to the political party who was accused of supporting this death squadron.

    Get your facts straight. He was brought on board by PSOE to fight corruption, he wasn't allowed to apparently and he left quite quickly and went back to his judicial career. of course when he did this he became the enemy of many in PSOE (left wing party in Spain for those who don't know). He already had lots of enemies in PP (right wing party).

    Garzon was accused of not investigating a possible crime commited by the army and police minister or someone close of aborting a terrorist raid agains them ....mmmm many things to make me wonder if this is the only lawyer assange should have.

    Link?

  26. Re:Garzon by shutdown+-p+now · · Score: 2

    How do you become a traitor by exposing inconvenient facts?

    If that's the case, arguably, the governments which had their dirty laundry exposes were the traitors, since they're "free" and as such are not supposed to be doing all those things.

    Or are you seriously arguing that, say, Blackwater supplying preteen boys for sexual slaves to Afghan warlords is somehow in the interest of the West at large, and anyone who exposes that scheme or complains about it is a "traitor"?

  27. Re:Nice stunt by icebraining · · Score: 2

    He consciously did something ILEGAL

    No, he did not.

  28. Re:It's spelled wrong by kj_kabaje · · Score: 2

    I believe you mean *fracking* toaster, sir.

  29. Re:Nice stunt by Grishnakh · · Score: 2

    You must be new here. Slashdot summaries are always misleading, and frequently outright incorrect.

  30. Strong Laws Present! by andersh · · Score: 5, Informative

    What evidence do you have to support your rather strange claims about Scandinavian law? Your claims are not in line with books or scholars on the subject. What are your credentials?

    As a Scandinavian lawyer I have to disagree with your frankly unfounded claims on the basis of our legal history. Our law is built on the foundations of both Roman (Code Civil) and German (BGB) law. If that's not solid and strong then nothing is! Most countries in the world have similar foundations - with the exception of the former British colonies and some Muslim countries (mixed).

    In modern times our laws have absolutely been constantly maintained and expanded with new laws from both national, regional and European sources. You do realize all the Scandinavian countries are subject to both the Council of Europe and EU law (either directly or indirectly)? According to most ratings, reviews and analysis human rights are better protected in Scandinavia than in the UK or US.

    You are either ignorant or lying when you claim that Sweden or any other Scandinavian country would extradite a person to the US more easily. The US has been denied their own citizens on the basis that even US prisons are not satisfactory in terms of human rights according to our courts! The threat of the death penalty means a whole lot more to civilized countries where it's already illegal. It's also illegal under our laws to extradite if there's even the slightest chance that he could receive capital punishment! I can refer you to countless cases and verdicts.

  31. Re:Garzon by Grishnakh · · Score: 2

    Or are you seriously arguing that, say, Blackwater supplying preteen boys for sexual slaves to Afghan warlords is somehow in the interest of the West at large, and anyone who exposes that scheme or complains about it is a "traitor"?

    Yes, he is, and lots of Americans (most notably evangelical Christians) vocally believe this too.

  32. Re:Garzon by Grishnakh · · Score: 3, Insightful

    You don't have to be against the idea of "nations" to believe Assange is not a traitor. To think he's a "traitor", you just have to be a stupid American who thinks US law and policy applies globally.