The president of the National Court, José Ramón Navarro, has filed the complaint filed by the General Council of the Bar against the magistrate Alfonso Guevara for the treatment he gives to the lawyers involved in the trial for the jihadist attacks in Barcelona and Cambrils perpetrated on August 17, 2017.
From the beginning of the oral hearing, Guevara has been in confrontations with the lawyers. One of them was prevented from leaving the room and yelled at him “sit down!” when the lawyer, who is practicing the defense, protested about the place where he had been placed, from which he could not see his client.
“Nobody has the floor!”, on another occasion snapped at the lawyers who wanted to raise previous questions or intervene to provide new documents. He reproached another lawyer for “not finding out about anything.”
One of the most notorious fights was with the attorney for the private prosecution Jaume Alonso-Cuevillas, during an interrogation in which the president declared several of his questions impertinent. Cuevillas ended by sarcastically thanking the magistrate for the “kindness”.
“The irony on the other hand, I warn you. I think I have not disrespected anyone, you have asked me to speak loudly and that is why I am speaking loudly, but I am not answered that way. personally yes, what I am representing, no. If now it is a fashion not to respect institutions, here they are respected“Guevara said.
The Council of Catalan Lawyers issued a statement on November 13 to express its “more deep rejection and indignation “ for him “unacceptable” deal that Guevara was giving the lawyers, treatment that “is assuming a serious limitation of the right of defense,” he argued.
The Tip it considered that such behavior “may constitute a serious lack of consideration” and reserved the “right to file a complaint” with the General Council of the Judiciary.
– Advocacy Council (@conselladvocat) November 14, 2020
However, it was not the Catalan lawyers but the General Council of the Spanish Lawyers which ended up presenting that complaint.
The complaint entered the governing body of the judges on November 20. In it it was stated that Magistrate Guevara “has been preparing a disrespectful and unjustified treatment of lawyers“, behavior that” from this CGA is not considered admissible, especially when it can affect the legitimate exercise of the right of defense. “
After reproducing some of the sentences of the president of the court, the General Council of the Lawyers (CGA) pointed out that Guevara’s attitude “implies a flagrant disregard that affects the normal development of the process and the functioning of the body that he presides, in addition to not taking into account the legitimate complaints of the lawyers involved about the shortage of means detected and improperly restricting the independence and freedom of defense of the lawyers “.
The situation appears to him to be “more serious” as it is a procedure “with an obvious public repercussion” that makes “actions so incompatible with the legitimate exercise of the right of defense have reached a significant diffusion”.
The CGA expressed its formal complaint about the behavior of the magistrate and asked the governing body of the judges to “correct” the actions denounced.
The General Council of the Judiciary decided on November 25 to refer the matter to the president of the National Court, given that one of its legal powers is “orIrish complaints made to them by those interested in causes or lawsuits, adopting the necessary precautions “.
In an agreement issued last Friday, José Ramón Navarro considers “inappropriate “to impose on Guevara” any sanctioning measure “.
After listening to the denounced magistrate, the president of the National Court has concluded that Guevara’s mind was not, “consciously and voluntarily”, to lack the respect and consideration due to the lawyers.
Navarro considers that the functions of Alfonso Guevara as president of the court that judges a complex case and with numerous personalities must be taken into account and points out that, although some of the expressions he used were not fortunate, in no way can they be considered voluntarily offensive.
It is not the first time that Guevara’s performance in the courtroom generates complaints and reports. One of them ended in sanction. The magistrate was fined in June 2013 by the General Council of the Judiciary with 600 euros for a serious lack of disregard for a defendant, to whom he rebuked during a hearing and told him that he would have given him “a recoil.”
The events, reported by the defendant’s lawyer, occurred during Mohamed A.’s trial, when, referring to an incident that occurred the day before, Guevara told him to shut up and said: “Because if I am my escort, yesterday (… .) The recoil from the scandal he was creating there (…) today his head is ‘vená.’ But of course, since here we take it with cigarette paper before touching anyone (…) Let’s go Yes, yesterday I had a gun, a recoil! “.