Pinochet judge on trial over prison wiretaps

A SPANISH judge who became an international human rights hero by indicting former Chilean dictator Augusto Pinochet yesterday denied any wrongdoing as he went on trial over his handling of a domestic corruption probe.

Baltasar Garzon, a defendant at Spain’s Supreme Court, is charged with knowingly overstepping his jurisdiction by ordering the wiretaps of prison conversations between detainees and their lawyers. This is allowed in terrorism cases, but Spanish law is less clear on non-terror cases.

“Obviously, the interpretation that I make,” Garzon testified, “is that wiretaps can be authorised with a court order and not just in cases of terrorism.”

Garzon said that, throughout his over 20-year career as an investigating magistrate, he has tried to protect detainees’ right to a fair defence and he thought “this was done” in this case.

The trial launched a judicial ordeal for Garzon, who has many domestic political enemies. Next week, he faces a bigger trial for probing right-wing atrocities during the 1936-1939 Spanish civil war.

The crimes were covered by an amnesty passed in 1977 as Spain moved to restore democracy after decades of dictatorship under Francisco Franco, whose forces won the war.

That trial is expected to take a month or more. Just three days have been set aside for the one that started yesterday.

Garzon also faces a third probe over his dealings with a Spanish bank.

The trial that began yesterday centres on a network of businesspeople accused of paying off members of the conservative Popular Party — now in power in the central government — in exchange for lucrative state contracts in the Madrid and Valencia regions.

Spanish law allows bugging prison conversations between terrorism suspects and their lawyers. It is vague on non-terror cases, saying jailhouse wiretaps can be ordered by a judge if he or she believes the conversations will yield evidence germane to an investigation.

Garzon reiterated yesterday that he ordered the wiretaps in 2008 because he thought people visiting two top suspects in the corruption case — including their lawyers — were acting as couriers to receive money-laundering instructions.

The lawyers for those two detainees argue that, since the law does not specifically allow for bugging of conversations between detainees and lawyers in non-terror cases, Garzon acted illegally.

Some 50 supporters cheered as Garzon arrived at the Supreme Court

If convicted, Garzon, 56, faces a maximum sentence of removal from the bench for 17 years. Judges in Spain tend to retire at 70.