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Manos Limpias

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Manos Limpias (English: Clean Hands) is an association founded in Madrid in 1995 by Spanish lawyer and extreme right activist Miguel Bernad Remón [es]. It represents employees in Spanish public services.[1] Bernad entered politics as a protege of Blas Piñar, during his tenure as the Fuerza Nueva and National Front party secretary. The group takes its name from the Mani Pulite judicial investigation into political corruption in Italy held in the early 1990s and led by Antonio Di Pietro.

Notability

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Considered by The New York Times[2] and several Spanish media to be politically motivated by the far-right,[3][4][5][6] Manos Limpias played a role in the indictment of Baltasar Garzón, a judge who investigated crimes against humanity committed by the Franco regime, and attacked a children's TV show for alleged gay overtones.[7]

Structure

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At present,[when?] the union states that it has over 6,000 members, who contribute an annual fee of 60 euros. It is currently[when?] under investigation for extortion from banks and the Spanish royal family. Miguel Bernad is the only member of Manos Limpias who is publicly known. On 26 April 2016 he indicated that he wanted to dissolve the union.[8] According to The New York Times, the union has no institutional representation as of 2009.[2]

Social and political objectives

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As of 2012, Manos Limpias' self-proclaimed goal is to defend the constitutional Rule of law against corruption and separatist nationalism. Manos Limpias declares itself independent from any party, and claims to have no ideological affiliation;[9] however, the vast majority of the lawsuits brought by them to court were consistently against the socioliberal centre-right or against the nationalist in Catalonia and Basque Country, as they have been the most active in clashing with Constitutional Law. Other cases include cases against the right wing Partido Popular or the King’s sister. The group has often been described by the media as a far-right[3][4][10][11] civil servants' organisation due to their choice of court actions and Mr. Bernad's past membership of the far right party Fuerza Nueva during the early eighties.

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Manos Limpias uses the "people's accusation" (Acusación popular) to bring criminal complaints against third parties.[12] The Court of Barcelona has argued that "it seems that the activity of this trade union is no other than to file complaints" and reminded that "it is also the duty of the courts to guarantee the right of defense and the speed of process".[13]

The court opinion expressed concerned that the activity of Manos Limpias can cause "accusatory hypertrophy that may affect the right of defense and to make the process even slower and create a plurality of charges while they are not offended by the crime, they can not have in criminal proceedings a different interest to the Prosecutor ".

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The Provincial Court of Barcelona, in its order of 23 March 2015, confirming a previous statement, reminded Manos Limpias that the law gives the right to private prosecution to private entities, not to public entities.[13] "The popular action can only be vetoed by entities of public nature"..

The resolution concludes that Manos Limpias is an organization "quasi-public, although its constitution has a private basis", adding: "Its significance and its legal nature is public". And that "we are faced with two unequivocal conclusions: Manos Limpias is a trade union and, moreover, its activity focuses on the field of the public administration."

"Trade Unions have constitutional recognition, they receive public assistance or subsidies and dedicate themselves to participate in collective bargaining processes. Therefore, their nature can never be private".

Since the activity of the union focuses on the field of administration, Manos Limpias has no legitimacy to supplant the role attributed by the law to prosecutions that holds the adversarial principle in defense of the general good.

Manos Limpias held no accounts or assemblies as required by their statutes.[14]

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Misappropriation and money laundering

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In 2015, the Madrid Prosecution of Economic Crimes (Spain) investigated the president of Manos Limpias, Miguel Bernad, and attorney of the trade union Virginia Lopez Negrete for alleged misappropriation of funds[15] and money laundering.[16] The prosecution believed that Miguel Bernad and attorney Virginia Lopez may have extorted money for the union by exploiting the funds relating to the prosecution of the scams of Forum and Afinsa.[17] the Court admitted the complaint against both.[18]

The Spanish Commission for the Prevention of Money Laundering and Monetary Offences (SEPBLAC) conducted a comprehensive financial intelligence report and found evidence of criminal activity. For this reason, Sepblac sent a complaint to the Economic Crimes Section of the Provincial Prosecutor of Madrid, where they opened investigative proceedings. The financial research report on the accounts of Virginia Lopez Negrete threw up surprises.[19]

Investigated by the Supreme Court

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In February 2015, the Criminal Division of the Spanish Supreme Court opened an investigation into Manos Limpias considering an abuse of process[20] In its resolution it said that "it is not permissible that the procedural part discontented with the judgment answer, nor with the interposition of a resource, but with the presentation of the complaint orphan foundation." The court added that "if these reactions would be dynamited it became widespread climate of security and peace that should surround a Court to decide."

Investigations for fraud and extortion

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Since late 2014, the Spanish Economic Crime Unit and tax evasion detection service (UDEF) of the National Police has been carrying an investigation against Manos Limpias and Ausbanc, A legal support service for bank clients.[21] Manos Limpias and Ausbanc coordinated, for years, to lodge felony complaints against all types of enterprises and institutions and then to demand large sums of money in exchange for the complaint withdrawal.[22] The investigations are led by the Spanish National Court and is focus primarily against the president of Ausbanc, Miguel Bernad and Virginia López Negrete.[23]

There have been reports of workers and several victims of the alleged plot. One of them is one of the people who sat on the bench 'case Nóos'.[24] Another of the facts investigated is the sudden withdrawal of a complaint filed against any of the parts "because they had already claimed extortion".[25]

For some years, Ausbanc intimidated others with open court cases, for which he teamed up with Manos Limpias.[26] The Ausbanc President, Luis Pineda, and the Secretary General of Manos Limpias, Miguel Bernad, maintained a friendship for years and have been linked to far-right settings.[27] Luis Pineda and Miguel Bernad "come and have militated in far-right movements "and agreed" with Virginia López (Negrete, a spokesman for Manos Limpias) in Blesa case, when Luis Pineda worked as a lawyer on behalf of Manos Limpias".[28]

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Manos Limpias achieved controversial notoriety in the international press after filing a lawsuit against the Spanish investigating judge Baltasar Garzón with respect of his 2008 investigation of war crimes committed during the Spanish Civil War. The investigation was stopped because it was deemed to contravene the 1977 amnesty law and break the principle of 'irretroactivity' of law.[29] The Spanish Civil War took place before 1940, whereas the concept of crimes against humanity was not implemented in International Law until 1945. However, an element of retroactivity was provided for at the time in that perpetrators of war crimes committed in the period 1939-1945 have been brought to justice, for example at the Nuremberg Trials. Manos Limpias sought to prosecute Garzón for undertaking his investigation, and accused Garzón of breaking the 1977 amnesty law, exceeding his competences as an investigating judge of the Audiencia Nacional and deliberately acting in an unjust and unfair manner (as in 1998 Garzón dismissed a similar indictment against communist politician Santiago Carrillo, accused of crimes against humanity during the Spanish Civil War, based on the principle of irretroactivity). In May 2009 the Supreme Court accepted Manos Limpias' lawsuit against Garzón for prevarication: his "blatant, deliberate, conscious and arrogant role" in "trespassing against the dead". In 2010, Garzón was suspended as a judge pending trial, however, on 27 February 2012 the Spanish Supreme Court found Garzón innocent on these charges. It is worth noting that the United Nations has requested that Spain repeal the 1977 law.[30]

In an interview with the Spanish Catholic radio Station COPE at the time of the indictment, Miguel Bernad claimed that, by admitting the latest action against Garzón, the Supreme Court had given a boost to its mission of battling against the current "deterioration in the rule of law". There had been some twenty previous attempts from Manos Limpias to incriminate Garzón, for various alleged offences including negligence or delay in the seizure of taverns used by ETA militants, for contributing to the leading centre-left national newspaper El País, for contributing to an interview with former parliamentary president Felipe González, for participating in a rally against the war in Iraq and for leaking the medical report of Augusto Pinochet. Other Manos Limpias complaints include promotion of gay marriage in a TV puppet show.[7]

Manos Limpias is the only accuser against Spanish Princess Cristina, via lawyer Virginia Lopez Negrete, who said all citizens were equal before the law. Princess Cristina remains sixth in line to the throne.[31]

Manos Limpias has achieved the conviction on contempt of court charges of the president of the Basque parliament, Juan Maria Atutxa, for disobeying the Supreme Court's requirement to disband Sozialista Abertzaleak, the political wing of ETA.[citation needed]

References

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  1. ^ "El franquismo agradece a Manos Limpias sus servicios". www.publico.es. 9 December 2011. Retrieved 17 February 2023.
  2. ^ a b "Opinion | Truth on Trial in Spain". The New York Times. 4 February 2012. ISSN 0362-4331. Retrieved 17 February 2023.
  3. ^ a b "El líder de Manos Limpias, Miguel Bernard, implicado en un caso de corrupción urbanística en Murcia". 19 May 2008.
  4. ^ a b Manos limpias, a far-right labor union led by a Blas Piñar admirer. Article in RTVE, 27 May 2009.
  5. ^ "Truth on Trial in Spain". The New York Times. 4 February 2012.
  6. ^ "Charismatic judge who pursued Spain's fascist assassins finds himself on trial". The Guardian. 25 April 2010.
  7. ^ a b "Manos Limpias, el sindicato ultra que denunció a los Lunnis". 28 May 2009.
  8. ^ [Bernad quiere liquidar Manos Limpias y retirar todas las denuncias El País article (in Spanish) Bernad quiere liquidar Manos Limpias y retirar todas las denuncias]
  9. ^ The far-right as an excuse. Article published by Manos Limpias retrieved 14 February 2012.
  10. ^ Manos limpias, a 'union' to settle the score. Article published by El País on 31 May 2009.
  11. ^ 20 year disqualification sought over Garzon's Franco investigations. Article published by ABC on 13 February 2012.
  12. ^ "Court investigates business corruption accusation against wife of Spanish PM". Reuters. 24 April 2024. Retrieved 25 April 2024.
  13. ^ a b Article by Digital Economy (in Spanish) manos-limpias no esta legitimado...
  14. ^ ABC Newspaper article (in Spanish): in which ML claims it has no obligation to publish accounts
  15. ^ "The prosecutor investigates the leader of Manos Limpias for misappropriating funds" (in Spanish). Archived from the original on 25 April 2016.
  16. ^ "Prosecutor investigates how accusations against the leader of Manos Limpias may affect the Nóos tria". Archived from the original on 14 April 2016.
  17. ^ "La investigación a Manos Limpias no afecta al juicio contra la Infanta" (in Spanish). Archived from the original on 21 April 2016. Retrieved 26 April 2016.
  18. ^ "prosecutor investigates the leader of Manos Limpias for misappropriating funds" (in Spanish).
  19. ^ "Prosecutor investigates expulsion of Manos Limpias lawyer in the case Noos" (in Spanish). 29 November 2015. Archived from the original on 4 November 2015.
  20. ^ "The Supreme Court invesatigates the role of Manos Limpias in the case of the so-called siege of the Catalan Parliament" (in Spanish). 17 February 2015. Archived from the original on 18 March 2015.
  21. ^ Explanation of Ausbanc services (in Spanish) Archived 26 April 2016 at the Wayback Machine on their website]
  22. ^ Investigating Manos Limpias and Ausbanc for extortion
  23. ^ The UDEF investigates Ausbanc and Manos Limpias for possible extortion
  24. ^ The National Court investigates Ausbanc and Manos Limpias for possible extortion
  25. ^ Manos Limpias branded as "false" allegations against the union and Ausbanc for extortion
  26. ^ Ausbanc and Manos Limpias investigation for possible extortion
  27. ^ Ausbanc and Clean Hands investigation for possible extortion
  28. ^ The National Court investigates Manos Limpias and Ausbanc for extortion
  29. ^ The principle endorsed by the Spanish judiciary is that an offender cannot be charged with a crime which was not proscribed or was permitted by law at the time it was committed.
  30. ^ 2008: UN Human Rights Committee calls on Spain to repeal the 1977 amnesty law and to ensure that domestic courts do not apply limitation periods to crimes against humanity: [1].
  31. ^ Spain's Princess Cristina tried for fraud
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