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Gürtel case

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Satirical banner (in Catalan) at a rally, parodying the President brand of cheese spread with the tagline a president easy to spread (bribe).

The Gürtel case was a major political corruption scandal in Spain that implicated hundreds of officers of the People's Party (PP), Spain's major conservative party, some of whom were subsequently forced to resign or were suspended.

Gürtel is one of the largest corruption scandals in recent European history and was linked to related scandals, such as the Bárcenas case, which received media attention in their own right. The case came to public attention in early 2009, but for the most part, the suspects were not put on trial until October 2016.

The investigative operation was given the name Gürtel in a cryptic reference to one of the principal suspects, Francisco Correa Sánchez (correa, in Spanish, meaning "belt" in English, translates to Gürtel in German). Correa was a businessman who cultivated links with PP officers. The Spanish police began to investigate his activities in 2007, after a whistle-blower, Ana Garrido Ramos, provided information regarding alleged corruption in the Madrid region.[1]

The accusations included bribery, money laundering, and tax evasion. They implicated a circle of business people led by Correa and politicians from the People's Party, although some of the evidence referred to participants by initials and nicknames, such as "Luis el Cabron". The alleged illicit activities related to party funding and the awarding of contracts by local/regional governments in Valencia,[2] the Community of Madrid, and elsewhere. Early estimates of the loss to public finances amounted to at least €120,000,000,[3] while some of the alleged bribes paid in return were not particularly large (for example, items of luxury clothing).[4]

On 24 May 2018, the Audiencia Nacional, Spain's highest criminal court, found dozens of people, as well as the ruling People's Party, guilty of fraud, money laundering, and illegal kickbacks.[5][6]

Judicial process

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Francisco Camps and Ricardo Costa

A judicial investigation was started by Baltasar Garzón, the examining magistrate of the Juzgado Central de Instrucción No. 5, the court which investigates the most important criminal cases in Spain, including terrorism, organised crime, and money laundering. Garzón had five suspects, including Correa, detained in February 2009.

Garzón was suspended as a judge in 2010, pending his own trial on a charge of exceeding his authority with regard to a case unrelated to Gürtel (his investigation into Francoist crimes against humanity). This particular suspension was eventually overturned, but it was still in force when, in 2011, Garzón was given another suspension, this time pending trial for having violated lawyer-client privilege in the Gürtel case (he had recorded conversations between detained suspects and their lawyers).[7][8]

The case was reassigned to Judge Antonio Pedreira Andrade [es]. In the summer of 2011, Pedreira set bail for Correa at €15,000,000, reportedly the second largest figure in Spanish legal history.[9] Correa's legal team appealed, saying that the amount was not based on an objective assessment of their client's wealth, as Correa's access to some accounts had been blocked, and there was uncertainty about how much wealth he held abroad. Correa was released on bail in June 2012, by which time Pedreira, who was suffering from Parkinson's disease, had been replaced by the third judge to handle the case, Pablo Ruz. Ruz reduced the sum required to 200,000 euros, a reduction reflecting not only the accused's perceived ability to pay but also the length of time he had been held on remand, which was approaching the maximum possible under Spanish law.[10]

The investigation took a long time for various reasons, including the number of suspects and delays in receiving information from foreign banks. In 2014, Judge Ruz announced he was in a position to proceed against 45 suspects, after dividing the case into different "epochs", the first one relating to crimes allegedly committed in the period 1999–2005.[11] However, Ruz had been taken off the case by the time the first part came to trial, in 2016.

Gürtel in Valencia

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A case involving the Valencian branch of the alleged network went to court relatively quickly. It was known in the press as the "suitgate" affair, as it involved allegations regarding suits supposedly given to prominent Valencian politician Francisco Camps.[12] After a partial dismissal in 2009, the Supreme Court of Spain ordered it to be reopened.[13] In 2011, Camps resigned as Valencian premier and leader of the Valencian Partido Popular in order to avoid standing trial while in office.[14] Camps was found not guilty in 2012,[15] and the verdict was upheld on appeal. However, the case was seen as having damaged Camps' career.

In January 2018, Ricardo Costa, an ex PPCV officer, admitted that his party was financed with "dirty money".[16] This admission became for the inquiry into "associations" of the provinces of Castellón, Valencia and Alicante.[17]

2018 verdict

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On 24 May 2018, several Spanish politicians and business people, including Correa, his lieutenant Pablo Crespo, and former Spanish treasurer Luis Bárcenas, were convicted in the Gürtel case.[5] Correa was sentenced to 51 years in prison, while Crespo was jailed for 37 years and six months.[5] Bárcenas, a close ally of Spanish Prime Minister Mariano Rajoy,[5] received a 33-year sentence and a fine of €44m.[5] Bárcenas's wife, Rosalía Iglesias, was jailed for 15 years, and Correa's ex-wife, Carmen Rodríguez Quijano, for 14 years and eight months.[5] It was also decreed that the ruling People's Party had taken part in the kickback scheme since 1989.[5] Of the 37 individuals charged, 29 were convicted, while 8 were acquitted.[5] Following this, on 1 June, Prime Minister Rajoy was ousted by a vote of no confidence.[18]

Media coverage

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Caricature of Álvaro Pérez, known as El Bigotes (the mustache). He was one of the people convicted in relation to activities in Valencia.

Prior to 2013, reactions to Gürtel often divided along party political lines, with more conservative media downplaying the significance of the allegations. Spain's highest-circulation daily newspaper, centre-left El País, which traditionally supports the PSOE, won a major press award (an Ortega y Gasset) in 2010 for investigative journalism relating to Gürtel.[19] Público, a newspaper with a more left-wing stance than El País, also gave much coverage to the case.[citation needed]

In 2013, the picture became more complicated, as the Barcenas case started dividing the electorate of the People's Party. While the conservative ABC kept toeing the party line, the centre-right El Mundo carried some of the major revelations about the case.[20]

Corruption and transparency in Spain

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Main article: Corruption in Spain

It has been argued that the underlying problem is not a party political one but rather a system that does not require transparency in the awarding of contracts.[21] Spain occupied the fortieth place in Transparency International's Corruption Perceptions Index of 2013 (having dropped from thirtieth place).[22][23] In 2016, Spain's first anti-corruption commission began work.[24]

Bárcenas papers

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Main article: Bárcenas affair

January 2013 saw major revelations regarding the activities of Luis Bárcenas, the former treasurer of the Partido Popular. The Spanish justice system released information from Swiss authorities regarding his financial dealings in Switzerland, and the press reported on alleged slush funds run for the benefit of the Partido Popular. The allegations of illegal party funding came initially from El Mundo, Spain's leading centre-right newspaper, which is normally close to the Partido Popular. It alleged that secret donations had been used for under-the-table payments ("backhanders") to party officials.[25] Citing sources within the Partido Popular, the newspaper appeared to clear its current leadership, saying that the reported payments were made between 1989 and 2009.[26]

Demonstration in front of the People's Party headquarters protesting against the Barcenas affair (2 February 2013).

On 31 January, El País published facsimiles of handwritten accounts, allegedly from Barcenas' hand and detailing slush funds, which report a total of 250,000 euros illegally paid to former prime minister Mariano Rajoy.[27][28] The alleged funds came mostly from private building construction companies, like FCC and OHL. This, if the allegations are confirmed, would raise additional questions around Spain's building boom.[27] While the PP filed a defamation lawsuit against El País (which it subsequently dropped), it took no action against El Mundo. Attorney General Eduardo Torres-Dulce ordered the anti-corruption prosecutor to investigate any possible links between the alleged payments handed out to Partido Popular officials and case filings in the Gürtel case. In 2014, El País commented that it is hard to draw a clear line between the two cases—Gürtel and Barcenas.[29] However, the cases are being processed separately by Spanish courts.

References

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  1. ^ Mercado, Francisco (19 February 2009). "La fiscalía implica al presidente valenciano". El País. Retrieved 20 February 2014.
  2. ^ Zafra, Ignacio (13 July 2011), "Camps' defense changes tack in attempt to shelve trial." El País (English edition)
  3. ^ Pere Rusiñol (2011), "La 'Gürtel' costó 120 millones al erario público", Público
  4. ^ Fabra, María and Ignacio Zafra (15 July 2011) "Valencian premier to stand trial for accepting suits as gifts." El País (English edition)
  5. ^ a b c d e f g h "Court finds Spain's ruling party benefited from bribery scheme". TheGuardian.com. 24 May 2018.
  6. ^ Vázquez, Ángeles (24 May 2018). "El PP y Correa tejieron "un sistema de corrupción institucional", según la Audiencia". El Periódico de Catalunya (in Spanish). Retrieved 2 June 2018.
  7. ^ (in Spanish) "Garzón defiende en Valencia las escuchas del caso Gürtel." El Mundo
  8. ^ Zuber, Helene (2102), "Prosecuting the Prosecutor." Spiegel International (Spiegel Online)
  9. ^ Melchor Saiz-Pardo (2011), "Imponen a Correa la segunda mayor fianza de la historia." ABC.
  10. ^ (in Spanish) "Francisco Correa sale de prisión tras pagar 200.000 € de fianza" 20minutos. Retrieved 5 December 2013.
  11. ^ After five years, judge wraps up portion of huge Gürtel corruption investigation. El Pais
  12. ^ "Valencia's ex-premier goes on trial in Gürtel suit-gate case". Retrieved 10 August 2012.
  13. ^ Paul Mitchell (1 September 2010), "Spain: Popular Party embroiled in corruption scandal.", World Socialist Web Site
  14. ^ (in Spanish) "Francisco Camps dimite" El Mundo, 20 July 2011
  15. ^ (in Spanish) "Camps y Costa, no culpables." El Pais, 25 January 2012.
  16. ^ "Spain's ruling PP party used 'dirty money' in campaigns, ex-politician says".
  17. ^ "Escándalo en Alicante: el PP podría utilizar asociaciones 'tapadera' para ocultar su dinero".
  18. ^ Alberola, Miquel (1 June 2018). "Pedro Sánchez, presidente del Gobierno tras ganar la moción de censura a Rajoy". El País (in Spanish). Madrid. Retrieved 1 June 2018.
  19. ^ REPORTAJE: XXVII Premios Ortega y Gasset
  20. ^ Ramirez, Pedro J. (February 2014). "Fired for speaking out". New York Times. Retrieved 26 December 2014.
  21. ^ (21 April 2010) The Gürtel scandal: The missing debate, Reflections on Spain
  22. ^ Burgen, Stephen (21 July 2013). "Spanish PM Mariano Rajoy keeps counsel as corruption allegations fly". London: www.theguardian.com. Retrieved 23 July 2013.
  23. ^ "Spain drops 10 places in Transparency International 2013 corruption index". El Pais (English edition). 2013. Retrieved 4 December 2013.
  24. ^ Can Spain's first anti-graft commission restore voter confidence?
  25. ^ EFE, "Spain’s Ruling Party to Probe Swiss Bank Account Scandal." in Latin American Herald Tribune
  26. ^ "Bárcenas pagó sobresueldos en negro a cargos del PP". Libertad Digital (in Spanish). 2013. Retrieved 5 December 2013.
  27. ^ a b "Spain corruption scandal turns up heat on PM Rajoy." Reuters, 31 January 2013
  28. ^ Castro, Irene."Mariano Rajoy incumplió la ley si cobró del PP mientras era ministro." eldiario.es
  29. ^ Izquierdo, Jose M. (2014). "Popular Party awaiting judgment day". Retrieved 18 February 2014.

Further reading

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