“The Supreme Court created my crime; it was written in advance”

On May 1, 2021 Baltasar Garzón’s suspension from the bench for authorizing illegal wiretaps in the Gürtel corruption investigation will expire. The crusading magistrate will be 65. “On that day I will return to take up my post as a judge,” says Garzón from Bogota, from where is to travel to Argentina this weekend. Since his disqualification, Garzón has been a nomad, with seven jobs in six countries, including serving as director of the International Center for the Promotion of Human Rights in Argentina; a University of Washington post; and advisor to the Colombia Attorney General’s Office, for which he is drawing up a criminal investigation manual.

It is now three years since Garzón was suspended for launching an investigation into crimes committed by the Franco regime, and on Monday he is expected to testify in front of an Argentinean judge after victims’ associations had asked him the time they saw him descend the steps of the High Court for the last time. “I told them the Spanish state had abandoned the victims of human rights crimes, which have no statute of limitations.” Now Garzón aims to help them as a lawyer. “I will try to make the Spanish state return assets that were seized. I know that there are many problems in Spain, but this has been on hold for 70 years.”

Question. Will you ever make a return to politics?

Answer. It is the moment to get involved in politics because we are witnessing a shameful spectacle on the part of the government. The ideological positions are very worrying and nobody can remain indifferent under these circumstances. I have always believed that politics is not a fenced-in ground; I am against career politics. It is a service vocation in which everything should be given and very little received. I am practicing politics through lawsuits, debates, thoroughness. But I will not present myself on any electoral lists. I am not partisan. But I do believe civil society should involve itself in politics. The parties need to change their structures. I think Spanish democracy needs to be reactivated with more participation by the people.

Q. Do you regret your time in the Socialist Party (PSOE)?

A. No. It was a free and conscious decision. I thought I would have more ability to change certain things and I was wrong. When I realized this, I left. Certain sectors of the PSOE and certain media started a merciless attack: they said I had left because I wasn’t made a minister. That is untrue. I think I could have been a minister but I didn’t want to be. In politics you have to follow up on what you say and if you can’t or you are not allowed to do so, you leave. You cannot stay for love of the post, like those politicians that twist and turn like an olive tree to hold on to their jobs. An olive tree has more dignity than them.

Q. Is that tree the Popular Party (PP) or the PSOE?

A. It refers to those politicians who never want to step down or who want to return because they feel anointed by the hand of God to resolve issues. I will not mention any names.

It is dangerous for a government or a party to launch attacks on judges"

Q. When did the PSOE stop being your party?

A. I was never enrolled with the PSOE; I stood as an independent. In 1993 I said I was to the left of the PSOE. There was a time when my ideological position was the same; a progressive left that included the PSOE, United Left, social platforms... what a true democracy should aspire to be; one that defends the rights of women with unwanted pregnancies.

Q. Were you surprised that the Gürtel ring paid 30,000 euros for the wedding of José María Aznar’s daughter?

A. When you start an investigation there are no preconceived ideas. I did not have Aznar or any other surname in mind. I saw a network perfectly devised so that a few men were able to feed off public money and other unscrupulous types who funneled money abroad. The government and the PP are saying that they had nothing to do with it, that these were little things... that denigrates the democratic system. I will not allow them to undervalue an investigation like Gürtel.

Q. Do you think the government and the PP are blocking the work of justice?

A. When I was investigating [Gürtel] the PP hierarchy came out with a vengeance to attack me. It is very dangerous that a government or a political party launches these types of attacks against judges. The PP criminalizes people who carry out escraches [doorstep protests at the homes of politicians] when the government is carrying out official escraches against judges investigating corruption. The General Council of the Judiciary (CGPJ) should stop staring at its navel and protect the independence of judges. Gürtel was brought to light in February 2009 and four years later we are still in the preliminary stage. And this lack of direction in the investigation could be motivated by pressure from the PP. Judge [Pablo] Ruz is a great professional but it makes me itch that corruption cases are eternally delayed. The public believes, with reason, that there is a different justice system for those who possess more.

Q. Would you order the Gürtel phone taps again?

A. Yes. I took measures so that the right to defense was perfectly protected and there was no rule that prevented me from making that decision. The Supreme Court created the crime to condemn me; the sentence was written in advance, and that is what I have explained in the appeal I have presented in Strasbourg. [Madrid regional High Court] Judge Pedreira did not only ratify my decision; he extended it and nobody complained. I would do it again and the proof that the line of investigation was the right one are the sums of money that have come to light in Switzerland.

The princess should have presented herself voluntarily and cooperated”

Q. The Supreme Court fears that the judicial reform the government plans will create a political commission.

A. The CGPJ has become more political than judicial, unfortunately. Rather than a political commission being created, the voters should be able to directly choose its members.

Q. What do you make of Princess Cristina being named a suspect in the Nóos case?

A. The subpoena was justified. The High Court must respect the investigating judge, beyond whatever title the suspect holds. The problem is the circus that follows the summons of someone because people believe they are already guilty and that’s not the case. The princess should have presented herself voluntarily and cooperated with the investigation.

Q. Are you in favor of transferring ETA prisoners to the Basque Country and the concession of furloughs? Should the government be doing more?

A. You have to continuously assess the situation. Spain is not the same as three years ago and ETA’s demands are not the same. I think measures should be taken to bring about an end to terrorism. These, or even more ambitious ones, even if not everybody likes it and within the limits of the law. At this stage talks should be advanced...

Q. Should Batasuna leader Arnaldo Otegi be released?

A. He was jailed in 2009, I sent him there, but I think he has shown that he favors a peaceful solution and sometimes prison is not the best answer. There are alternatives and they should be followed up on to create a scenario for peace.