Fernando Grande-Marlaska
Fernando Grande-Marlaska Gómez is a Spanish judge. He was appointed Minister of the Interior in June 2018 by Prime Minister Pedro Sánchez.
Biography
Early life and career
Born in Bilbao, he is the son of Avelino Grande, an officer of the Bilbao Municipal Police He entered the judicial career in 1987 and served in the Court of First Instance and Inquiry in Santoña, Cantabria, from where he was the investigating magistrate in the case against Rafael Escobedo for the Assassination of the Marquesses of Urquijo. In 1990, he moved to Bilbao's Court of Inquiry No. 2, where he remained for nine years. At that time, he promoted the presiding judge of the Sixth Section of the Criminal Division of the Provincial Court of Biscay.In 2003, he moved to Madrid as investigating judge of the district of the 36th Court of Inquiry.
In 2004, he was appointed to the Audiencia Nacional as a substitute judge for Judge Baltasar Garzón in the Central Court of Inquiry No. 5, where he made his name at the national level, and was already known as an instructor in Bilbao.
Magistrate of the Audiencia Nacional
Until 30 June 2006, he was a member of the Central Examining Court number 5 of the Audiencia Nacional, temporarily replacing its head, Judge Baltasar Garzón. When Garzón returned to his post on 1 July 2006, Grande-Marlaska was assigned to the Criminal Division of the Audiencia Nacional. He ran as an independent candidate for the General Council of the Judiciary, but was not elected.In 2007, he took over from Teresa Palacios the Central Examining Court No. 3 of the Audiencia Nacional.
At that time, he took up the most important case: the Yak-42 accident in Turkey, which killed 62 soldiers on their return from Afghanistan on 26 May 2003. However, four months after arriving at the courthouse, on 1 June 2007, he shelved the case and attributed the responsibility to the Ukrainian crew, clearing the Ministry of Defense of the accident for hiring an unsafe plane. However, on 22 January 2008, the Fourth Section of the Criminal Division unanimously revoked the decision to shelve the case, alleging that the judge had not exercised any diligence and had failed to defend the victims constitutional right to due process. Once the case was reopened, he called as witnesses the military leadership of the time, and former ministers Federico Trillo and José Bono. Finally, on 20 May 2008, he charged five high-ranking military commanders, including the Chief of the Defence Staff, Antonio Moreno, the highest military officer at the time of the accident, with 62 counts of serious negligence.
On 30 August 2007, he ordered the opening of an oral trial for insulting the Crown to several graphic artists. In June 2007, it was decided to close the case against four directors of Air Madrid for alleged fraud committed during the crisis that affected the airline in December 2006 and, in September 2007, rejected the appeals filed by the General Association of Consumers and Users and the Organization of Consumers and Users against the car's filing.
On 23 February 2012, he was appointed President of the Criminal Chamber of the Audiencia Nacional, replacing Javier Gómez Bermúdez.
On 29 November 2013, he was appointed as a member of the General Council of the Judiciary, at the proposal of the People's Party, by the Senate.
Minister of the Interior
In 2018, the President of the Government of Spain, Pedro Sánchez, appointed Grande-Marlaska as Minister of the Interior.Briefly after assuming the office, Grande-Marlaska announced his intention of removing the barbed wire on fences between Morocco and the Spanish cities of Ceuta and Melilla. In January 2019, the Council of Ministers approved the "Plan for the Reinforcement and Modernization of the Terrestrial Border Protection System in Ceuta and Melilla" with a value of 32 million euros, which also included extending the height of the fences and introducing new technological elements. Specifically, the sole withdrawal of the barbed wire is valued at 18 million.
The removal of the barbed wire and the border security measures upgrade started in December 2019. On February 17, 2020, the minister announced before the Congress of Deputies' Home Affairs Committee that the fences would be raised by 30%, around 10 meters.
On March 14, 2020, the Council of Ministers approved the "State of Alarm" due to the coronavarius pandemic in Spain. That measure gave the central government extraordinary powers to directly control the regional and local administrations and establish some constitutional rights restrincitons. Prime Minister Pedro Sánchez appointed Grande-Marlaska as one of the four "delegated competent authorities" and gave him the command over all state, regional and local law enforcement agencies as well as the power to close all needed roads and borders. In the use of these extraordinary powers, on March 15, 2020 the minister issued an order to all police forces to apply, in case of non-compliance by citizens with the measures established by the government, article 36.6 of the 2015 Citizen Security Organic Act which establishes fines of between €100 and €600,000 and, in case of severe desobedience, articles 550 to 556 of the Criminal Code, which establishes jail sentences up to 4 years.
Controversies
Inaction on torture and police brutality
The European Court of Human Rights has issued a total of eight verdicts condemning Spain for failing to investigate alleged torture and police brutality on detainees, five of which happened under the custody of Grande-Marlaska.According to lawyer Amaia Izko, who represented four of the victims " we proved the judge did nothing to investigate or impede the torture and police brutality while the detainees were held incommunicado. There are many more such cases. I have represented hundreds of people who denounced being tortured while awaiting trial under judge Grande-Marlaska."
According Izko's clients, Grande-Marlaska often ignored the detainees' claims with "an openly mocking attitude".
Some of the claims also denounced rape/sexual assault and homophobic attacks. According to Igor Portu and Mattin Sarasola, militants of the ETA terrorist group whom the ECHR resolved had been subject to torture by the Guardia Civil in a 2018 verdict, they were stripped naked and beaten for five days while incommunicado until Portu had to be taken to the hospital in critical condition.