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MISCARRIAGES OF JUSTICE IN CATALONIA |
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According to Wikipedia: A kangaroo court or kangaroo trial, also known as drumhead court-martial or Drumhead trial, is a sham legal proceeding or court. Kangaroo courts are judicial proceedings that deny proper procedure in the name of expediency. The outcome of such a trial is essentially made in advance, usually for the purpose of providing a conviction, either by going through the motions of manipulated procedure or by allowing no defense at all. According to Wikipedia: Mock justice is the term is often applied to courts subjectively judged as such, while others consider the court to be legitimate and legal. A kangaroo court may be a court that has had its integrity compromised; for example, if the judge is not impartial and refuses to be recused. It may also be an elaborately scripted event intended to appear fair while having the outcome predetermined from the start. During the dictatorship, there were military tribunals which complied with the definition of “Kangaroo Court”. They are instruments of a Banana Republic. Catalonia must not turn into one! In a country with rule of law, like Catalonia and Spain, it should be almost impossible to mount a Kangaroo Court. Given the guarantees that exist in the law, it should NEVER happen. But it DOES happen... How could this be? It is clear that the only way to mount a Kangaroo Court is if the higher-ups in Justicia permit it and/or order it, with the acquiesce of the prosecutors. Up to what level in Justicia is involved? That answer to that question is still to be discovered. EXAMPLES OF THE MOST FLAGRANT “KANGAROO COURTS” IN THIS WEB In the examples in this web site, everything was done in writing in judicial documents. It isn't known how nor why the judges decided to issue resolutions contrary to the law, that would have to be asked to the judges themselves. But the results of the resolutions demonstrate that they didn't follow the law, they they rejected important evidence, they didn't evaluate other evidence, they wrote contradictory resolutions. The results are flagrantly fraudulent, and cause grave damage to the affected party. But they cause even graver damage to the law, to democracy, to the Parliament, and to the public powers in general. For example: In a procedural fraud case, the Judge didn't permit questions to the accused party which referenced the events in the initial complaint. The Judge eliminated questions concerning the fulfillment of a contract which had been destroyed by both parties years ago, and accepted the word of the accused that the contract had been fulfilled, and didn't evaluate written evidence that the contract hadn't been fulfilled. See Reus Instrucción 1 D.P. 385/2005. In a case where a judge was recused, another court performed the complete process without notifying the parties, closed the case with a non-appealable sencence, and imposed a 1000€ fine. Basically, they condemned the party without notifying anything, not even WHICH COURT had the case! The only thing notified was the final resolution, when it wasn't possible to defend. See Tarragona Audiencia 2 Exp Gub 5/07. In another case of fraud and unjustified enrichment, the judge dismissed the case without having looked at any document, given that he didn't have the documents due to an error by another court. It was enough to see the names of the parties for the judge to decide. See Barcelona Inst 21 D.Previas 4.214/06 L. In a case of domestic violence, there is a resolution for a restraining order which is definitive and valid. But two days later the judge decided not to obey her own resolution. A year has passed, awaiting compliance with the resolution. The judge was recused since December 2006, but she continues to work on the case, ignoring the petitions for recusation. See Barcelona Juzgado de Violencia Sobre la Mujer 1bis/3 D.Previas 698/06. In a case where a judge was recused, the investigating judge responded to an appeal concerning the admission of evidence saying that if he doesn't answer, the answer was “no”, instead of explaining why as the law requires. He finished his investigation without the evidence which had been previously approved. See Barcelona Audiencia 3 Exp Gub 8/06. In a case of defamation of character, where the defamation was done in writing, questions concerning the document weren't permitted by the Judge. Later the case was dismissed due to lack of evidence! See Barcelona Inst 21 D.Previas 107/2004 A prosecutor accused a Judicial Secretary of the crime of falsification, which she never committed, to suspend her from work and salary with the intent of firing her. The facts of which she was accused weren't a crime, and the judge hid exculpatory evidence to keep her suspended from work longer. See Barcelona Instrucción 1 D.P. 1378/00. In a case to determine if a signature on a document was valid, the judge manipulated the evidence sent to the handwriting experts y produced an opposite result. When the manipulation was discovered, the judge refused to correct it. See Barcelona Audiencia Sección 17 Rollo 6/01. In several complaints made about cases in the jurisdiction of Catalonia, the top judge didn't notify the negative decisions promptly, in fact, there was no intention to notify them at all. The top judge also omitted key facts when presenting the cases to the judicial committee. Also the top judge didn't intervene when her judges did obvious illegal things. Also, she neither justifies nor explains her answers to important matters (“no ha lugar”, which means that the request is “out of order”). See Presidenta del Tribunal Superior de Justicia de Catalunya. There are many more examples which we are preparing for inclusion in this web site. THESE ARE HUMAN RIGHTS VIOLATIONS! In a country with rule of law like ours, behavior like this is reprehensible, and must be categorically rejected by the public powers. Universal Declaration of Human Rights - Articles 7, 8 and 10 International Covenant on Civil and Political Rights - Articles 14 and 26 Someone could think that the contents of this web site are exaggerated or distorted, or at least aren't correct because these things “couldn't happen here”. But THEY DO HAPPEN, the proof is in the attached documents in the web. If there is any clarification needed, please contact us at info@injusticiacatalunya.info.
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