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Tuesday, May 24, 2022
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Judge as an alibi

What pisses me off about the left, especially the intellectuals, is their complete ignorance of how things work.

George Orwell

The judge alone does not guarantee anything. Judges save us not because they are useful, but because they are able to apply the law in a planned procedure, with an assessed possibility of review and with the necessary publicity. That is why I have been so surprised all these days that the axiom, from which many conclusions hung, even without checking its accuracy, was bought en masse. That is why I now invite you to take a look with me at the so-called “CNI magistrate” of the Supreme Court, to make sure that his mere intervention is not a guarantee of upholding the basic principles of the rule of law or that spying with Pegasus on the president of the Generalitat, parliamentarians and lawyers, recognized by the National Intelligence Center itself, is not subject to criticism or should be considered correct and legal. I already warn you that my thesis is that Aznar slipped us a goal with the Organic Law 2/2002, which is nothing more than a paripé, to give the appearance of legitimacy to the internal activities of Spanish espionage, which is more than dubious.

The director of the CNI submitted 18 clearances signed by Judge Pablo Lucas of Chamber III, or otherwise by his deputy Martínez-Arrieta of Chamber II, to the commission of secrets, and many people did not stop to analyze whether this alleged judicial control is comparable with any other and less with weapons of scope and effects of Pegasus. A weapon that no democracy should have bought because, as I will explain, their very use thwarts any control established by the rule of law. I don’t know if your graces noticed it. I don’t know if they know in detail the characteristics of the weapons they approved for use, because if they do, I have to doubt that they have a clear legal conscience.

Let’s start with the fact that the CNI is an intelligence agency that works against both external enemies and internal enemies at the same time. This feature of the Spanish service is very important because its model differs from that of a large part of democracies where services are duplicated. After all, if your spies do some kind of outrage in other countries, without the permission of the judges of this state, then the point is simply not to be caught or to accept the consequences by denying everything. You know how things go with spies. The situation changes when an intelligence service such as the CNI carries out activities within our country that are strictly prohibited for police information services because they violate the law. If they become aware, the CNI’s internal activities become a form of ambush to break the law on national territory and keep it secret.

I read somewhere, apparently from well-informed people, that if the CNI found “signs of a crime” in this internal gossip, it would be under an obligation to immediately bring it to the attention of the police or civil guard. I translate for you: CNI conducts prospective investigations, completely prohibited by law in Spain and in the event that there are signs of a crime, because when they start them they do not know about it, and then pass them on to the normal legal scheme. All this is sanctioned by the magistrate’s signature, and with this magic spell they tell us that it is legal and in accordance with constitutional principles and fundamental rights. Perhaps the fact is that the law promulgated by Aznar on the “supervising magistrate” is not very constitutional. Although we will never know this, because no one took her to the shopping mall. The fact is that Aznar invented the system, Cospedal and Rajoy bought Pegasus, and now Sanchez is sweating here about the consequences of not being bolder and more reformatory in this matter, or, at worst, thought that it was not convenient for him. , change things.

The paripe invented with Aznar was already unacceptable when we talked about telephone punctures, directional microphones, beacons or house entrances, the most common ones. The fact is that at the moment they are buying a system that makes it almost impossible for a magistrate to apply the general rules of the rule of law. The CNI judge can do what no criminal judge in Spain is authorized to do: dictate the violation of the rights of article 18 of the Constitution, without being able to weigh the appropriateness, necessity and proportionality of the invasion; without his argumentation, the possibility of appeal and supervision by other magistrates and in the future. There is no criminal judge in this country who can authorize an intervention of the caliber of what Pegasus has carried out, and in the future. The CNI Justice of the Peace should not be able to do the same with respect to internal affairs. If there were signs of a criminal offense against the vice-president of the Generalitat, his intervention should have been carried out within the framework of a regulated procedure, and if there were no signs of a criminal case, it is a scandal that his rights were potentially violated.

In addition, Pegasus adds many more problems to the work of this magistrate. Assuming that he considered the action proposed by the spies fit for the purpose, that is, legal and within the competence of the state, which is already in doubt, and necessary, Pegasus would prevent him from weighing whether it was proportional in the strict sense, making sure that the intervention was as minimal as possible to achieve the objective and within the minimum period of time. Pegasus has full control over the infected phone. It allows not only access to everything – agenda, mail, messaging, navigation, apps – but also GPS monitoring and control of the camera and microphone, which can be activated remotely and without a flash, so as not to be seen, and capture all privacy. life of the intervening person. It even allows you to send messages on behalf of the infected and plant false evidence. Is it possible to say a priori that this level of intervention is acceptable, since there were fears of unrest in Catalonia after the decision was made? Do Spanish spies and magistrates use the same yardstick whenever they think street protests will lead to barricades or roadblocks? Or do they do it because they were independent, and then political ideology plays a decisive role? You can’t seriously say that in 2020, none of those who were warned thought there would be a new declaration of independence like the one in 2017, because they would lie.

In addition, the very nature of this diabolical tool prevents enforcement of the aforementioned law, the text of which states that: “The Secretary of State, Director of the CNI, will order the immediate destruction of materials relating to all information obtained under the permission provided for in this article, do not relate to it” . Given that Pegasus data goes through the servers of a private company such as NSO, can neither Paz Esteban nor Judge Lucas guarantee that said data has been destroyed or what is its final location?

You don’t have to be a dangerous radical or want to leave the state unprotected to understand that this system is leaking and that it flows like torrents when you use such aggressive systems as the Israeli one. I am very shocked by the apparently patriotic charlatanism of first welcoming a secret service with imperfect democratic control, as if one should surrender to their faith, and not to the fundamental rights and their protection contained in the Magna Carta, in the European Charter and in the main international declarations. What worries me more is that Moncloa’s sources used to justify their claim that they were unaware of these decisions, such a strange argument as “we believe in the separation of powers”, as if they recognized the existence in Spain of an autonomous Fifth Estate, Spy Force .

The President of the Generalitat has the right to ask the government to declassify this judicial authorization for his espionage and for the espionage of the other 17 people mentioned in the State Secrets Commission. Now nothing can be at risk, knowing what the magistrate authorized and on the basis of what arguments. The only thing that is in danger is the flimsy and pathetic forests of legality that cover the internal activities of the Spanish secret service, which, perhaps because of its origins in the Francoist services, continues to focus on matters of internal order, such as protecting the king from his mistresses. or spy on politicians who rightly defend what they see as dangerous.

This declassification would not only help Aragones, but would also show us how this appearance of legitimacy is formed, and thus allow us to assume that this paripé is not enough to ensure democratic control of the secret service, without which it does not cease to be a state within condition.

A simple judge cannot serve as a democratic alibi.


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