The other things that can enter through the hole in the system used for amnesty

@ElentirENG ES 3·20·2024 · 7:02 0

Spain is experiencing one of the darkest moments in its democratic history due to Sánchez's desire to grant an amnesty to his allies.

The Congress approves the amnesty: the list of deputies who voted in favor
Sánchez and Puigdemont dismantle the rule of law and Junts already aims at the unity of Spain

An amnesty that endangers the rule of law in Spain

Last week, that amnesty, which is openly unconstitutional (as it destroys the principle of equality before the law by granting criminal privileges to the government's allies), was approved in Congress by the left and its separatist allies. A vote that was an exhibition of force against constitutional legality. Let us remember that the General Council of the Judiciary said that the amnesty is "a serious violation of fundamental rights" and warned: "Fundamental freedoms and the State of right may be in danger."

The only defense, a government-controlled court

Yesterday Spain once again experienced a new example of the extent to which it is unprotected against abuses of power: the Senate approved the processing of that law and he did so with the vote in favor of the Popular Party. It should be noted that the PP is not entirely guilty of taking that position: The Senate lawyers had stated that the amnesty is unconstitutional but it must be processed. It is a dangerous paradox that is intended to suggest that we only have one defense against abuses of power: the Constitutional Court (TC).

In fact, the government has clung to that idea warning the Senate lawyers that it is the TC that must decide whether this rule is unconstitutional or not. The position of the socialists is easy to explain: the TC is currently controlled by the socialists. The current majority of magistrates related to the PSOE have been systematically rejecting all unconstitutionality appeals that conflicted with socialist dogmas. So, if the TC was our last defense against abuses of power, we no longer have any.

A historical precedent of what can happen with unlimited power

A democracy does not consist merely of voting every four years to decide who is going to abuse power during a legislature. There is no democracy without a clear limitation of political power. If a politician can do whatever he wants, even violate fundamental rights and the Constitution, without anyone stopping him, then we do not have a democracy , but an autocracy, a form of tyranny.

In the 1930s, the West saw what could happen when there were no limits to political power in a state. After winning the elections in 1933, the National Socialists set about liquidating German democracy. With the approval of an enabling law that same year, which gave Adolf Hitler the power to pass laws without passing by parliament and abolished the separation of powers, Germany ceased to be a democracy. In 1935, the National Socialists approved the so-called Nuremberg Laws, rules that stripped Jews of fundamental rights. These evil laws were the first step towards the Holocaust, the genocide in which six million Jews were murdered at the hands of Hitler's regime.

There are already laws that strip certain human beings of their rights.

Many believe that something like this would be impossible today. It isn't true. In Spain we have already experienced the precedent of two laws that stripped certain human beings of their most basic right with false arguments such as saying that they are not human beings or that they are not even living beings, although science prove the opposite. As a consequence, 2.75 million unborn sons and daughters have been murdered in Spain. This monstrosity should have served as a warning of what could come, but since those of us who received the warning had already been born and the problem did not affect us, many remained silent. "When they came for the Jews, I was silent. I was not a Jew" (Martin Niemöller).

The socialist assault on the judiciary in 1985 and the inaction of the PP

If abortion entered through that enormous hole in the system in Spain, it was foreseeable that the amnesty would also end up entering. Both have been promoted by the socialists, always determined to test the limits of the system and who were the same ones who approved the Organic Law of the Judiciary in 1985 that assaulted judicial independence in Spain. A judicial independence in which the Spanish socialists never believed, because they think that the government of the judges must be elected by Congress.

During its two stages in government, the Popular Party had the opportunity to correct that, but it did not do so, in the same way that it did not repeal any of the two abortion laws approved by the socialists. As a consequence, today we have an autocrat in the government exercising unlimited power, since he controls the Constitutional Court. Some are not worried because they think that the amnesty does not affect them, just as it did not affect them that 2.75 million unborn children were murdered in the womb.

The other things that can pass through the hole used by the amnesty

But if amnesty fits through that hole, then the Nuremberg Laws or any other law that opens the door to brutally violating human rights also fits. Some will believe that something like this is unlikely, but so was an amnesty. Let us remember that until last summer, Sánchez and his ministers affirmed that it was unconstitutional. If they have been able to lie with impunity to millions of Spaniards to approve something that attacks the Constitution, what guarantees us that tomorrow they could not suppress very basic fundamental rights using the same method?

In fact, they have already been doing it with the law on gender violence, which violates the right to equality before the law (a law protected by another TC controlled by the socialists) and with other ideological laws that harm freedom of education, freedom of expression and other rights. Some have normalized the fact that in Spain mandatory ideological indoctrination is imposed in schools because it is their ideas that are imposed. Just yesterday, the socialists and their separatist allies in Brussels supported the harassment of Spanish-speaking children in Catalonia, opposing a report that denounces him. We are much closer to a dictatorship than some imagine.

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Photo: Congreso de los Diputados.