The deafening silence being maintained by the two major Spanish political parties, the PSOE and the PP, as well as their entire media court, over the case of Constitutional Court judge Fernando Valdés arrested at his home in Majadahonda, in the province of Madrid, accused of gender-based violence, is so striking that it is offensive. No one has asked for his resignation - the PP did quietly hint at the idea - and the Constitutional Court itself even made a statement underlining his presumption of innocence. And so Valdés is still in office, as he has not resigned either. The Constitutional Court says it is dismayed by the situation but the level of resistance to acknowledging a new scandal affecting the court must outweigh the embarrassment that the situation produces.
In case there was any doubt, this Thursday the court of first instance in Majadahonda, far from closing the case, has sent it on to the Supreme Court - as is required for a person in the judge's situation of immunity from lower-court prosecution - for an alleged offence of domestic abuse, in accordance with article 153 of the Penal Code, which establishes sentences of up to one year in prison. It is obvious that the Majadahonda court presided over by Elena Garde must have seen solid evidence to prompt it to open a can of worms as serious as a case of gender-based violence affecting a member of the Constitutional Court. One of the witnesses recounted that the woman was heard calling out for help on several occasions, which is why the Civil Guard was alerted.
It continues to shock, worry and to cry out for attention that, so far, the ruling by the Majadahonda judge has not changed the standard script, which is to do nothing until a controversy explodes. Elisa Beni explained in an article published last Wednesday in this newspaper [link in Catalan] that the PSOE and the PP have now finalised an agreement for the renewal of the members of Spain's highest legal body, the General Council of the Judiciary, also affecting the key presidencies of both the Council itself and the Supreme Court, and all that remained was for Pedro Sánchez and Pablo Casado to find the best moment to announce it.
And in the midst of this great pact which, as always, is about how to cut up the cake, the issue of Fernando Valdés and the alleged offence of gender-based violence pops up. And partisan politics, which always takes preference, enters in play again, along with the fear that the resignation or dismissal of the Constitutional Court judge will end up causing the parties to back out of the agreement reached. Many elements, many interests and a great deal of judicial power are at stake. But what the Majadahonda judge has before her is a case of gender-based violence; she believes there is a prima facie case and has elevated it to the Supreme Court. In Spain, one always has the impression that one has not seen the whole picture.