Mother of baby found in freezer goes free

Where it happened

TENERIFE The duty judge at a court that first looked into the matter of a baby found dead last Friday inside a freezer at its mother's home in the La Camella district of Tenerife. The woman, 33, was arrested on Saturday shortly after midnight, and charged with homicide. At the Guardia Civil station she said she had given birth to the child at her home, alone, at night, and she did not know if the baby had been born alive or not. The corpse was found with umbilical chord and placenta attached and no visible signs of violence. On releasing her, the judge said that he had to wait for the autopsy to be completed. The matter has caused much consternation in the media.

Courts overworked and overwhelmed with 'cláusula suelo' cases

(Photo: lavozdigital.es)

CÁDIZ There are so many cases regarding the cláusula suelo mortgage contract scandal at the only Juzgado de lo Mercantil (Commercial Court) in the provincial capital that the judge has turned to the press to complain that she and her staff are overwhelmed. It isn't just the 80 cláusula suelo cases that came in in a single alone, though, that have brought things to standstill. Judge Mª Castillo Mendaro Durantes works without any other judge to help her - and that is the systemic problem with the Spanish judiciary. Castillo Mendaro expects a substitute judge to be named in September, not because she intends to leave but because substitute judges are also assigned to help sitting magistrates, as well as to replace them.>>>

Five new judges are assigned to the courts

Courts in Algeciras

ALGECIRAS The courts of this jurisdiction have been undergoing a number of changes this month, although this does not mean an increase in their numbers, which remains the same at 19, despite the clogged arteries of the courts in the area. To those 19 should be added another four who work for the Algeciras section of the Provincial Courts (Audiencia Provincial. The five new judges will be replacing the five who are leaving for different destinations. In Spain, becoming a judge -a separate career from that of a lawyer- is quite an achievement, requiring years of studies and a complex examination system (called oposiciones).One of the new judges, Macarena García, who will take over as support judge at the Court of First Instance number 1, is actually from Algeciras and becomes Spain's youngest judge at age 25.

Ombuds(wo)man persuades minister to lower court tariffs

Supreme Court, Madrid

MADRID Further to our recent article on the subject, Soledad Becerril, the national Ombuds(wo)man has managed to persuade the Minister for Justice, Alberto Ruiz-Gallardón, that justice would not be equal for all if the new court tariffs are implanted into the system. Thus, the fees will be reduced. "We have listened to the Ombudswoman, and have reacted accordingly," said a Ministry spokesperson. The change of heart came about as a result of a letter sent to the Ministry before the deadline of February 21, when the matter of the Tariff Law could be contested at the Constitutional Court. The letter recommends a reduction of court fees for the First Instance Civil and Administrative (Contencioso-Administrativo) Courts, as well as lowering fees according to the individual's financial resources. This, and other suggestions aimed at making the courts more accessible to the majority. (A more detailed article on this subject will soon be available at SpainInformer.com)

Ombuds(wo)man persuades minister to lower court tariffs

Soledad Becerril
Defensora del Pueblo

MADRID Soledad Becerril, the national Ombuds(wo)man (Defensora del Pueblo, or Defender of the People) has managed to persuade the Minister for Justice, Alberto Ruiz-Gallardón, that justice would not be equal for all if the new court tariffs are implanted into the system. Thus, the fees will be reduced. "We have listened to the Ombudswoman, and have reacted accordingly," said a Ministry spokesperson. The change of heart came about as a result of a letter sent to the Ministry before the deadline of February 21, when the matter of the Tariff Law could be contested at the Constitutional Court. The letter recommends a reduction of court fees for the First Instance Civil and Administrative (Contencioso-Administrativo) Courts, as well as lowering fees according to the individual's financial resources. This, and other suggestions aimed at making the courts more accessible to the majority. (A more detailed article on this subject will soon be available at SpainInformer.com)

Constitutional Court okays same-sex marriages

Spain's first gay marriage, July 2005

Over 20,000 marriages between July 2005 and December 2011

MADRID Same-sex marriages, a manifesto priority of the PSOE at the elections that brought in José Luis R. Zapatero for a second term in 2008, became legal in Spain seven years ago, but the party then in opposition and now in power, PP, sent it for scrutiny to the Constitutional Court alleging that it infringed Article 32 of the Constitution. The principal allegation was that marriage of people of the same sex 'de-natured' the basic institution of marriage as it has been understood until now. There have been>>>

Courts in contradiction on demolition of 'illegal' buildings

Demolition in Chiclana

CÁDIZ The provincial courts of Cádiz continue to emit contradictory sentences regarding the demolition of allegedly illegal buildings in the province. Once again, and at about the same time last week, Section One of the Audiencia Provincial agrees with a prior sentence in one case that said the bulldozers can come in, while in another case another section of the court issues a cease and desist order with the sempiternal argument of future legislation (the so-called 'amnesty' for such buildings in Andalucía). The general tone of the legal reasoning behind the sentence can be summed up in words in one of its many parts: "... an illegal building does not necessarily become compatible in time with town planning regulations because these are modified." Paradoxically, Section Three of the Audiencia Provincial sent down a sentence that rejected an appeal by the Prosecutor and ratifies a prior sentence issued by a court in Cádiz that partially revoked a sentence that ordered the demolition of a house in El Puerto de Santa María. The reason: because the area in which the house was built is likely to be re-zoned in a future town planning ordinance - and thus the house would become legal.

'Marrache case, legal challenge to senior judiciary'

Chief Justice
Anthony Dudley

GIBRALTAR (GibChronicle/Dominique Searle) Gibraltar’s judicial system could be facing the greatest challenge to its standing and ability to run effectively since the 2007-2008 Schofield affair, according to the Gibraltar Chronicle. Allegations include that, until he was challenged, the Chief Justice Anthony Dudley failed to declare that a defendant was his regular lunching partner and that the body that appoints judges was caught in a loop of possible conflicts of interest or bias. Isaac Marrache, the senior partner of the law firm embroiled in one of Gibraltar’s biggest ever fraud cases, is legally testing decisions made by Judicial Services Commission (JSC). (Read the whole story here.)

Overwhelmed social courts make appointments for 2014

The Algeciras courthouse

PROV. OF CÁDIZ (Agencies) Spain's Social Courts (Juzgados de lo Social) are what in other countries would be called labour courts because they deal with employment matters (e.g. redundancies, union disputes with employers, demands for payment, Social Security and others). Whatever they may be called, the ones in the province are completely overwhelmed by the amount of cases arising principally from present employment circumstances, including officially recognized and unrecognized redundancy plans for a large number of companies. So much so that it is impossible to get a court date before January 2014. But it is not just a matter of statistics: to be made redundant means a sign-off payment from the employer and a trip to the unemployment office for the benefits, but what if the company is bankrupt and hasn't paid up your Social Security costs? That means that to get some money one has to go through the Social Court - in the meantime, what?>>>

John Galliano gets away with fine and no jail

John Galliano

PARIS (Agencies) Gibraltar-raised disgraced fashion designer John Galiano was not in court to hear the sentence but he will have been relieved when he did. Charged with 'proferring insulting language of a religious, racial or ethnic origin" in a Paris bar (image), Galliano will not have to go to prison, as had been much expected, but was fined €6,000. Amongst the more charming insults he said he remembered nothing - there was ample video proof - was "I love Hitler". With any luck this is the last we will hear about a genius who many say lost his way in alcohol and drugs. Having also lost his job as head designer at the House of Dior, let's hope he can emerge from his personal pit a better person.

Gürtel corruption case gets weirder and weirder

Francisco Camps

VALENCIA (El País) Francisco Camps, the former Valencia premier who resigned after he was indicted on corruption charges, will get a chauffer, two bodyguards and an assistant paid for with public money.

The Valencia government's official gazette (DOCV) published the administrative order last month, which names Camps' former secretary Susana Fayos Cabañero as his new assistant. "It is not that he asked for them, it is what the law provides," said Serafín Castellano, chief of staff to Valencia's new premier Alberto Fabra, successor and close associate of Camps. Camps, who is scheduled to go to trial in the fall for allegedly accepting dress suits and other gifts from businessmen in the corrupt Gürtel network, will also take a seat on the region's judicial council (CJC), the legal advisor to parliament. Some have questioned whether Camps could hold his seat in parliament as a PP deputy and sit on the CJC, but council sources said that the two positions are compatible. The council is in PP hands (No, really? Ed.).>>>

Marbella corruption case gets under way again

Juan Antonio Roca

MARBELLA (Agencies) In the renewal of the Malaya corruption case in Marbella, its principal character, Juan Antonio Roca, said yesterday that he bought prize-winning lottery tickets to 'avoid paying taxes on the petty cash money' and has denied that his wife, María Rosa Jimeno, and daughter, María Roca -both of them under charges of money laundering in the case- had any knowledge of the operations he carried out. Roca said that some of the money was his and another part of it his wife's, but he had access to it. "I had the money and I invested it like that," said the alleged head of the corruption network on Marbella Council. The trial started a new 'block' on Monday, this one regarding money laundering and related to artworks and prize-winning lottery tickets. Papers filed in the case say that Roca bought lottery tickets that had won prizes but paid well over the prize money involved.

Town Hall must pay €1.2 million in court sentences alone

Jorge Romero

LOS BARRIOS (Agencies) Mayor Jorge Romero announced over the weekend that the town will have to meet €1,200,000 in court fines over the next few months. Los Barrios has been sued repeatedly by several companies for unpaid bills. He added that this is 'only the tip of the iceberg' of what he and his (PA) team have found after the PSOE was voted out of office. Many smaller businesses were forced to close down thanks to not being paid by the Town Hall. To those who have urged him to 'stop blaming and start governing', the Mayor says, "The people want to know where all the money went." Much the same is happening in practically all municipalities, seemingly throughout the entire country.

Gürtel judge is ready to launch massive corruption trial

Photo: Publico.es

SPAIN (Agencies) The Madrid judge who is in charge of the Gürtel investigation 'the biggest corruption case in Spain since the Transition' says the first trial in the inquiry will take place this year after the May 22 elections. Madrid High Court Judge Antonio Pedreira told reporters that the investigative stage "has already finished" and the accusatory stage will "be finished" about the same time as the regional parliament breaks for summer recess. Some two dozen current and former PP officials in Madrid are targets in the case.

EU Court condemns 38 towns for not treating residual waters

TARIFA (Agencies) The European Court of Justice yesterday declared Spain guilty of not adhering to the European regulations on water purification. The ruling affects a total 38 urban conglomerations, including those of Tarifa, Barbate, Chipiona and Vejer. Of the 38 cases, 13 are in Andalucía. Spain, which was sentenced to pay costs, has not properly applied the directives from the EU regarding collection, treatment and discharge of residual urban and industrial waste water, according to legal sources.The regulations established that urban concentrations of over 15,000 inhabitants had to have a collecting system before 2001, including a treatment plant, and to meet maximum contamination levels. The last warning to Spain came in 2008 and having received no satisfactory reply, the matter was taken to the Court in Luxembourg.

'Brit expats ... settled here illegally ... and want us to solve their problems,' says councillor

ALMERIA/Almanzora (Telegraph) Josefina Cruz, councillor for public works and housing, referred to British expats as 'a group of people who are not of this country, who have settled here illegally in our territory...who are now demanding us to solve a problem that they have been responsible for creating'. She made the comments during a parliamentary debate last month. 12 Britons who own illegally built homes in the Valley and who belong to the organisation Abusos Urbanisticos Almanzora No (AUAN), campaigning for the legalisation of property in the region, are now collectively suing the councillor for alleged discrimination under Article 510.2 of the Spanish criminal code.>

Chief air traffic controller accuses his bosses of threats because he blew whistle on Gibraltar risks

SEVILLA (Agencies/Image: bigariato2.blogspot.com, illustration only) A court in Seville recently agreed to investigate five top management staff at AENA, the national airport authority, for "threats and abuse " against the chief supervisor of the Southern Air Traffic Control section, Juna Carlos Fontecha. Fontecha alleges that the situation began in January 2010 when he decided to denounce "the dangers involved in flying in and around Gibraltar, sitation which was made worse by the new helicopter service flying from Algeciras." Physical threats and abuse also involved his wife, also an air traffic controller. The matter resulted in Fontecha receiving three very serious  written warnings from AENA. However, having heard the testimony of the five bosses, the court decided yesterday to absolve them all.

He abused his daughter and a niece but has his sentence cut in half

ALGECIRAS (Agencies) The Supreme Court has reduced the sentenced handed down by the Audiencia Provincial de Cádiz (photo) last year on an Algeciras man who had sexually abused his daughter and a niece, both of whom were aged 7 at the time. The new sentence says that it was not proved that penetration had occured. The man had been condemned to eight years in prison on one count and two years, three months on another. The Supreme Court now says that the Audiencia omitted to prove "adequate motivation" and sets a sentence of four years, six months for both counts, to run concurrently. The Court also said that the Audiencia had taken the view of a gynecologist's 'opinion' only, without offering proof or evidence of what it calls, carnal interference.'

Spanish gambling group sues bwin

SPAIN/GIBRALTAR (GibChronicle/Brian Reyes) Spain’s Grupo Codere has filed a legal challenge to force Gibraltar-based online gaming company bwin to drop its sponsorship of Real Madrid football club and stop advertising in Spain. Codere, which operates traditional bingo halls, casinos and betting shops, alleges unfair competition in a civil lawsuit against bwin and the club filed in a commercial court in Madrid. Codere claims that “aggressive” advertising and promotional campaigns by bwin and Real Madrid breach Spanish law.

Judge annuls Ryanair's obligatory payment for printing tickets or boarding passes

SPAIN (Agencies) Further to our item last week on the subject, a judge in Barcelona has decreed the annulment of a clause in the contract between passengers and Ryanair whereby the airline obliges the passenger to print a ticket when booking online, but will charge €40 for doing so at the check-in counter. The judge, Bárbara María Córdoba of the 1st Mercantile Court of Barcelona, concludes that Ryanair is "subject to the general international laws as well as European and national ones", all of which place the obligation of issuing tickets and boarding passes on the airline, according to sentence issued by the court. In the meantime, and more recently, Ryanair issued a statement as follows: "Ryanair today (Jan 18) has instructed its Spanish lawyers to appeal what Ryanair believes is a bizarre and unlawful ruling by the Barcelona Commercial Court No.1 last week that Ryanair’s €40/£40 boarding card reissue fee is unlawful." (Read the full statement here.) Referring to a Junta de Andalucía warning about the charge (our item last week again), according to Europa Sur, Ryanair says that "the Junta doesn't know what it's talking about" and "there is no Spanish law that forbids" the charge. We were unable to find such a statement on the airline's website.