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
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
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