Miscarriages of Justice in Catalonia


Miscarriages of Justice in Catalonia

It appears that the mechanism used to the threat of “being overwhelmed” by other judges, which is a form of “judicial mobbing”. The fear that the judges have is that their co-workers are capable of not renewing their contracts, in the case of substitute judges, or accusing them of some crime, including putting them in jail.

An example of the first case is a judge in Espluques del Llobregat who was pressured into changing a resolution by a judge who was Presidente de la Sección 14ª de la Audiencia Provincial de Barcelona, Ilmo. Sr. D. Juan Poch Serra, who was condemned many years later for obstruction of justice, according to the sentence. An example of the second case is explained in a deceased judge's book (Ilmo. Sr. D. Joaquín García Lavernia). Another example is Remei TC's experience of being falsely accused of a crime by a prosecutor (Accused her of the crime of falsification, which she never committed, to suspend her from work and salary with the intent of firing her).

Therefore the judges (and the prosecutors, and the judicial secretaries, and other employees) follow the “suggestions” of others, in spite of being “independent”.

Effectively, the “influencer” convinces a judge, with a threat implicit or explicit, to emit an illegal and unjust resolution, then later convinces the next judge (for example in the appeals court) to do the same thing when the appeal arrives. Meanwhile the prosecutors, who are supposed to guarantee the legality of the process, ignore the whole thing with inexcusable ignorance. The more levels up the judicial process, logically, the harder it is to appeal. Plus, there are lengthly delays at the higher levels. A case in the Supreme Court could take four years! A famous British politician from the 19th century said “Justice delayed is justice denied”.

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