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09 March 2012 / Sir Geoffrey Bindman KC
Issue: 7504 / Categories: Opinion , Human rights
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Justice on trial

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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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