Funeral for the Rule of Law

May 28 2020 (23:06 WEST)
Funeral for the Rule of Law
Funeral for the Rule of Law

Alfonso Guerra is credited with the phrase "Montesquieu has died," uttered on the occasion of the 1985 reform of the Law of the Judiciary, after which the parliament appointed the members of the General Council of the Judiciary. If the division of powers died in Spain 35 years ago, our political representatives (who are not public representatives, since they poorly represent the public) practice necrophilia with the so-called Rule of Law. 

It never rains but it pours, it is about desecrating a State that suffers from inanition by looting public funds and trading with its resources, and it cannot be said that it is of Law, unless we understand by law that which discriminates and is applied with ease to the weakest (to the chicken thieves, words of the president of the Supreme Court and the CGPJ, Carlos Lesmes, elected by the parliament by virtue of said reform of 1985).

How have we become a country that encourages reveling in decomposition? I believe that it has been a slow but constant process, based on the election of the most incapable as rulers, those whose only merit is submission to the omnipotent power of the party, and on the putrefaction of the institutions of the State through the exchange of public interest for partisan interest. These two steps gave rise to the inevitable and growing distrust of citizens in everything that sounds public (public services, public finances, public management, public representative...) and to the partisan patrimonialization of all infrastructure (furniture, real estate and civil service body) called to support the structure of the country, the autonomous communities and local entities.

Only through a mafia-like (organized and coordinated) action aimed at destroying the minimum requirements that a Democracy must have can this level of degradation be understood. A mafia-like action fueled by the methodical looting of public resources, carried out by the traitors to the community, those who made corruption their way of life, and by the cowards, those who preferred to be mute, blind and deaf and fail to comply with their duties and obligations (art. 52 EBEP). Not in vain, the main opposition party has been convicted of participating for profit in acts of corruption when it was in government (PP), a robbery that could not be carried out without the prior elimination of the institutions called to oversee public management (parasites, not auditors, secretaries, prosecutors, inspectors, or auditors...), and without the lack of action, responsibility for omission, of the current party in government (PSOE). Has anyone seen one denounce the other for corruption? No, they alternate in the feeding frenzy. In the vast majority of cases, we citizens denounce and accuse, and if a public official or employee does so, they suffer the consequences of stepping out of line. 

As a country, we allow the creation of debt slaves (modifying the Constitution with darkness and treachery) and the bank bailout, we promote inequality before the law (unlimited immunities, indiscriminate pardons, permissive and lax penal system in crimes against the public interest...), and finally we have given scandalous examples of allowing the approval and application of laws that promote injustice and social inequality by consciously and deliberately abandoning the path of defending the most basic rights that give content to human dignity (freedom of expression, privacy, housing, education, health, environment...)

No citizens are free of guilt, let no one believe that the politicians we suffer are not part of this society. As a society, we peacefully admit that corruption has become a structural and transversal element in our lives, living with it we have contributed to digging the grave of this collective suicide and now the smell of putrefaction reaches us citizens in all areas of life.  Thus, 50% of the population stopped participating in public life because they did not consider it either life or public, and partisanship entered our entrails until there was a politician inside the plate of soup of each voter in such a way that the first species in danger of extinction is that of the free, critical, awake and unbiased citizen who can perceive the nuances of the rainbow.

We impassively accepted that the State was corrupted, that the traitors sold public assets at bargain prices to cronies, that education became ignorant, that healthcare became sick, that water died of thirst and that the territory became land. The market occupied the space we left free in the agora, and each institutional department was parasitized by a political manager, a political director, a political head of service, a political official. We accepted that "one of their own" entered the bowels of the administration to manage the partisan interest, not the public interest, in the ephemeral four years that determine a short-term policy.

We impassively witnessed the aggression, with violence and intimidation, of public institutions until they became mere mistreated objects subjected to the generalized looting from north to south, from east to west. Public representatives turned into business representatives and bank branch delegates transformed political action into voyeurism of the pornographic practices of those who alternate, waiting their turn as clients at the door of the brothel waiting to share the hot bed. When it comes to financing the sacrosanct party at the expense of public funds, there is no ideology, there is no cockfight, there is complicity in the alternation.

We allow ourselves to be governed by business delegates who run for elections religiously, making decisions daily that harm and endanger our lives, paying with our taxes for business profits and personal assets. We ruin ourselves as a society for the greater glory of a bank that scammed us and a fortune that is worth millions of lives. And yet we adore and fear them in equal measure. Subdued like a flock of idiots (idiotés: he who disregards the affairs of the community) immune to humanity.

And now that the first corpses of a neo-liberal system that is strengthened by predation are parading before our eyes, now that we are aware of the perfect storm that threatens our welfare state, now we come to show a sanctimonious astonishment when we see that we live in a failed state. Did no one read the news about the causes of corruption? Did no one hear their conversations full of stupidity or see their personal fortunes turned into the apotheosis of tackiness? Did no one see them behave like birds of prey with the corpse of the State?  

It is true that generalizing is unfair, there are honorable exceptions among public representatives, officials and society. The degree of putrefaction is not the same throughout the parliamentary spectrum, nor in the entire body of officials, nor in the citizenry. But the general failure is evidenced by the citizen proposal of transposing the European Directive on the protection of whistleblowers and the fight against corruption. After years of warnings from the GRECO group about the need to adopt measures in the Spanish state aimed at preventing and controlling corruption, overseeing the financing of political parties and the independence of the Judiciary, it is the citizens and associations that fight against corruption who put on the table an anti-corruption bill that this government ignores, as did the previous ones, when it should be the first measure to be adopted if it is intended to lay firm and strong foundations for a democratic State that can face this perfect storm situation that announces the crisis of the human species.

The chronological order of the island's corruption procedures confirms the unity of direction between the corrupt actions that devastated public institutions and business activity, whose link is always the exercise of power and the financing of the party at the expense of public funds. When the industry that generated money in droves was tourism and construction, we denounced the Costa Roja case, the Playa Blanca Partial Plan case and the Yate case; the sentence of this last case annuls 44 tourist licenses and reflects that between 1990 and 2007 a criminal brick industry was established with the territory, based on the development of the so-called "developer urbanism" that enriched the companies dedicated to tourism and construction while feeding the b accounting of the political parties and the assets of the technicians and public representatives of the town halls that we were able to denounce in the same proportion that it ruined the affected town halls. As was stated in the judicial declarations of a mayor in said instruction "no one gives anything for nothing". 

From 2007, construction fell and tourism was degraded with the all-inclusive, so political corruption turned in the same direction as the source of money and looting was established in the provision of public services and public procurement. In 2008 the Unión case, the Jable case and the Montecarlo case broke out, the political-business mafia directed its dirty hands to public tenders and the contracting of garbage services, public works, roads,  festivities...businessmen, political officials and civil servants filled their pockets again at the expense of indebting the affected town halls to bankruptcy. The telephone recordings clearly reflect the unity of direction of the political-business mafia in a conversation between two businessmen who negotiate commissions: "(we) like rats, eh?, like rats". 

Meanwhile, the tourism industry survived by claiming European funds, millionaire public subsidies and demanding that promotion be paid for with public money while companies withheld the payment of their taxes with a perverse RIC and directed their fortunes to tax havens. In this way, the business representatives sitting in the public institutions allowed them to continue degrading the territory and the quality of life of their constituents through precarious and unstable work, labor exploitation and exhaustion of the infrastructures and public services that yielded to all-inclusive tourism (hooligan masses of drunkenness and espadrilles).

The experience acquired after 17 years dedicated to the fight against corruption, interrogating the criminals, listening to the intercepted conversations, knowing their advisors and lawyers, studying the expert reports, living with the difficulties faced by judges and prosecutors and holding trials, I have no doubt that there is no possibility of facing with dignity any of the changes that this country requires to guarantee the survival of all if we do not first tackle corruption, protect whistleblowers, cut the business threads that move our public representatives, activate the supervisory bodies, strengthen the body of public officials (under the criteria of independence, objectivity, immobility, neutrality, capacity, professionalism and training), give independence to the judiciary, reform the financing of the parties and implement transparency and good governance as urgent and non-renounceable objectives.

Educating ourselves to be active, responsible, demanding and aware citizens that what is public is everyone's should be the way to end impunity as the main objective. We cannot continue to pass the shame to which our public representatives expose us, because we are the ones who elect them and give them carte blanche to be the executors of our extinction. Otherwise, we will witness every day the unworthy spectacle of mourning for the Rule of Law held at the seat of national sovereignty and we will not cease to be a cowardly and fearful flock, full of ignorance and arrogance. The virus of the planet. 

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