8th December 2019
Manuel Marchena
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Trial focus: Manuel Marchena on a ‘prestige’ tightrope

At the helm of the hugely divisive trial of Catalan independence leaders, Supreme Court judge Manuel Marchena is performing a difficult balancing act, alternating firmness and leniency in live proceedings.

Seen as close to the conservative People’s Party (PP), which has taken a hard line against Catalan independence, Marchena has trodden carefully in a trial he knows is under the domestic and foreign spotlight.

‘At stake is his prestige, the prestige of the Supreme Court as well as the international image of Spain’s judiciary,’ Xavier Vidal-Folch, deputy director of the El Pais daily, told Spanish radio on Wednesday.

He described Marchena as handling the proceedings ‘with great skill, with a little subtle irony and a lot of flexibility’.

ALSO READ: Catalan trial: controversy over ‘rebellion’ and violence

‘Let’s be serious,’ Marchena told one defence lawyer when refusing his demand to have Catalonia’s former president Carles Puigdemont – the main protagonist of a failed secession attempt in 2017 who let Spain – testify as a witness.

‘You can’t be a witness in the morning and a defendant in the afternoon.’

But the 59-year-old judge, who has since 2014 presided over the criminal division of the Supreme Court, has also reprimanded prosecutors for some of their questions.

He also cut short the ‘popular prosecution’, a Spain-specific set-up that allows any citizen or organisation to be an accuser in court alongside public prosecutors – in this case far-right party Vox.

Marchena warned the lawyer representing Vox that he would not allow ‘an ideological debate’ in the courtroom.

ALSO READ: Trial focus: ‘popular prosecution has no equivalent elsewhere in EU’

An eye on Europe

The trial against 12 Catalan independence leaders and activists, nine of whom are accused of rebellion, raised passions even before it started on 12 February.

Manuel Marchena
Manuel Marchena (centre) presiding over the proceedings at the Supreme Court on 12 February 2019 (POOL Efe / via ACN)

It is fiercely rejected by independence supporters in Catalonia but also fiercely supported by many Spaniards who watched aghast as Catalonia’s executive tried to break from Spain in October 2017.

Such were the accusations of partiality levelled against Spain’s judiciary that the proceedings are being broadcast live on television in an effort at transparency.

And Marchena has showed a degree of leniency towards the defendants.

ALSO READ: Trial focus: Spanish judiciary also on defensive

When the popular prosecution asked him to tell one defendant to remove a yellow ribbon he was wearing that has come to symbolise the independence movement’s cause, he overruled it.

On the first day of the trial, Marchena ‘gave time and absolute freedom to all sorts of arguments’, legal or political, from the defence lawyers, says Celso Rodriguez Padron, spokesman for the conservative-leaning Magistrates’ Professional Association.

To support some of his decisions, Marchena has referred to legal precedents set by the European Court of Human Rights (ECHR), knowing the defendants will likely take the case to the European body, says Ignacio Gonzalez Vega, spokesman for the progressive Judges for Democracy professional association.

Catalan leaders on trial
Former Catalan leaders including (from front row right to left) Oriol Junqueras, Raul Romeva, Joaquim Forn, Jordi Sanchez, Jordi Turull, Josep Rull, Jordi Cuixart, Carme Forcadell, Dolors Bassa, Carles Mundo, Santi Vila and Meritxel Borras attend their trial at the Supreme Court in Madrid on 12 February 2019. (Emilio Naranjo / POOL / AFP)

WhatsApp controversy

Even before the trial, Catalan independence supporters were wary of Marchena, who will be writing up the sentence at the end.

Some of those on trial tried in vain to recuse him, claiming he was impartial and had alleged links to the PP, in power at the time of the secession bid.

They cited as an example a leaked WhatsApp message by conservative senator Ignacio Cosido who in November welcomed the promotion of Marchena at the head of the Supreme Court.

Cosido said it would allow the conservatives to ‘control’ the court ‘behind the scenes’, raising doubts over Marchena’s independence.

After the controversy this generated, Marchena gave up the promotion and remained at the head of the criminal division of the Supreme Court.

Gonzalez Vega has said Marchena is indeed a conservative judge.

But his supporters point to his track record as a prosecutor before he was named Supreme Court judge in 2007, and since then.

He ‘is a very well qualified magistrate, and there is no doubt over his independence,’ says Julio Perez Gil, a professor of procedural law at the University of Burgos who knows him personally.

Catalan Trial: click here full details of those accused, the charges, and the accusers.

Click here for all articles and updates on the Catalan Trial

ALSO READ: Catalan Trial: Day 1 summary

ALSO READ: Catalan Trial: Day 2 summary

ALSO READ: Catalan Trial: Day 3 summary

ALSO READ: Catalan Trial: Day 4 summary

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