Manos Limpias

Notability

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 and for prosecuting Spanish Princess Cristina for tax fraud.

Structure

At present, the union states that it has over 6,000 members, who contribute an annual fee of 60 euros. It is currently 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. According to The New York Times, the union has no institutional representation as of 2009.

Social and political objectives

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; 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 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.

Propensity for legal action

Manos Limpias uses private prosecution () to bring criminal complaints against third parties, a unique feature of Spanish legal system that allows a citizen or organisation to participate in prosecuting crimes in the public interest, even if they were not personally harmed. The aim of this mechanism is to reinforce citizen oversight of public justice, though it has also been criticised for possibly distorting criminal justice.{{cite journal| author-last=Pérez Gil| author-first=Julio| date = April 2003| title = Private Interests Seeking Punishment: Prosecution Brought by Private Individuals and Groups in Spain| volume = 25| journal = Law & Policy |publisher=University of Denver | doi=10.1046/j.1467-9930.2003.00144.x| pages=151-172 |url=https://www.researchgate.net/publication/228224768_Private_Interests_Seeking_Punishment_Prosecution_Brought_by_Private_Individuals_and_Groups_in_Spain}}

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".

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".

Private prosecution as a legal tool

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. "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 of members as required by their statutes.

Investigations into Manos Limpias

Misappropriation and money laundering

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 and money laundering. 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. the Court admitted the complaint against both.

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.

Investigated by the Supreme Court

In February 2015, the Criminal Division of the Spanish Supreme Court opened an investigation into Manos Limpias considering an abuse of process 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

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. 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. The investigations are led by the Spanish National Court and is focus primarily against the president of Ausbanc, Miguel Bernad and Virginia López Negrete.

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'. Another of the facts investigated is the sudden withdrawal of a complaint filed against any of the parts "because they had already claimed extortion".

For some years, Ausbanc intimidated others with open court cases, for which he teamed up with Manos Limpias. 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. 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".

Legal actions

Manos Limpias achieved controversial notoriety in the international press after filing a lawsuit against the Spanish investigating judge Baltasar Garzón for his 2008 investigation of war crimes committed during and after the Spanish Civil War. Manos Limpias sought leave to prosecute Garzón for undertaking his investigation, and accused him of breaking the 1977 amnesty law, exceeding his powers as an investigating judge of the Audiencia Nacional. They also accused him of deliberately acting in an unjust and unfair manner based on the fact that in 1998 Garzón had dismissed a similar indictment against communist politician Santiago Carrillo, accused of crimes against humanity during the Spanish Civil War.

In May 2009 the Supreme Court accepted Manos Limpias' lawsuit against Garzón for 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.

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.

Manos Limpias was the sole 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.

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.

Other Manos Limpias complaints include against the promotion of gay marriage in a TV puppet show.

References

References

1. "About Manos Limpias".
2. (19 May 2008). "El líder de Manos Limpias, Miguel Bernard, implicado en un caso de corrupción urbanística en Murcia".
3. [http://www.rtve.es/noticias/20090527/manos-limpias-sindicato-ultraderechista-dirigido-por-admirador-blas-pinar/278887.shtml Manos limpias, a far-right labor union led by a Blas Piñar admirer]. Article in [[RTVE]], 27 May 2009.
4. (2012-02-04). "Opinion {{!}} Truth on Trial in Spain". [[The New York Times]].
5. (25 April 2010). "Charismatic judge who pursued Spain's fascist assassins finds himself on trial". [[The Guardian]].
6. J.J. Gálvez. (24 April 2024). "El pseudosindicato Manos Limpias, la máquina de denunciar que está detrás de la causa contra Begoña Gómez". [[El Pais]].
7. (9 December 2011). "El franquismo agradece a Manos Limpias sus servicios".
8. (28 May 2009). "Manos Limpias, el sindicato ultra que denunció a los Lunnis". [[Público (España).
9. [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]
10. [https://www.manos-limpias.es/index.php?option=com_content&task=view&id=414#La%20ultraderecha%20como%20excusa The far-right as an excuse]. Article published by Manos Limpias retrieved 14 February 2012.
11. (31 May 2009). ""Manos Limpias, un 'sindicato' para ajustar cuentas"". [[El País]].
12. [http://www.abc.com.py/nota/piden-20-anos-de-inhabilitacion-para-garzon-por-investigar-el-franquismo/ 20 year disqualification sought over Garzon's Franco investigations]. Article published by ''[[ABC (newspaper). ABC]]'' on 13 February 2012.
13. (2024-04-24). "Court investigates business corruption accusation against wife of Spanish PM". Reuters.
14. (29 February 2024). "The Spanish Model of Private Prosecution: Identifying Risks and Opportunities Through Empirical Research on Sex Crimes". International Criminology.
15. (25 April 2024). "Sánchez, Iglesias o Aragonès, el largo historial de denuncias rechazadas a Manos Limpias". [[EFE]].
16. (30 March 2015). "Manos Limpias recurre contra su rechazo como acusación popular". Economía Digital.
17. "Manos Limpias no presenta cuentas ni celebra las asambleas que obligan sus estatutos". [[ABC (newspaper).
18. "The prosecutor investigates the leader of Manos Limpias for misappropriating funds".
19. "Prosecutor investigates how accusations against the leader of Manos Limpias may affect the Nóos tria".
20. "La investigación a Manos Limpias no afecta al juicio contra la Infanta".
21. "prosecutor investigates the leader of Manos Limpias for misappropriating funds".
22. (29 November 2015). "Prosecutor investigates expulsion of Manos Limpias lawyer in the case Noos".
23. (2015-02-17). "The Supreme Court invesatigates the role of Manos Limpias in the case of the so-called siege of the Catalan Parliament".
24. [http://abogados.ausbanc.com/intersticial.asp Explanation of Ausbanc services (in Spanish)] {{Webarchive. link. (26 April 2016 on their website])
25. [http://www.levante-emv.com/espana/2016/04/13/investigan-manos-limpias-ausbanc-extorsion/1403665.html Investigating Manos Limpias and Ausbanc for extortion]
26. [http://www.elboletin.com/economia/132778/udef-ausbanc-manos-limpias-extorsion.html The UDEF investigates Ausbanc and Manos Limpias for possible extortion]
27. [http://www.eleconomista.es/empresas-finanzas/noticias/7488161/04/16/La-Audiencia-Nacional-investiga-a-Ausbanc-y-a-Manos-Limpias-por-posible-extorsion.html The National Court investigates Ausbanc and Manos Limpias for possible extortion]
28. [https://archive.today/20160414170319/https://es.noticias.yahoo.com/manos-limpias-tilda-falsas-acusaciones-sindicato-ausbanc-extorsi%C3%B3n-121822265.html Manos Limpias branded as "false" allegations against the union and Ausbanc for extortion]
29. [http://politica.elpais.com/politica/2016/04/13/actualidad/1460533188_074611.html Ausbanc and Manos Limpias investigation for possible extortion]
30. [http://politica.elpais.com/politica/2016/04/13/actualidad/1460533188_074611.html Ausbanc and Clean Hands investigation for possible extortion]
31. [http://www.abc.es/espana/abci-audiencia-nacional-investiga-ausbanc-y-manos-limpias-extorsion-201604130238_noticia.html The National Court investigates Manos Limpias and Ausbanc for extortion]
32. (February 10, 2012). ["Spain must lift amnesty for Franco era crimes – U.N.]"](http://news.trust.org//item/?map=spain-must-lift-amnesty-for-franco-era-crimes-un).
33. (17 January 2017). "Spain's Princess Cristina cleared in tax trial". [[BBC]].
34. (11 January 2006). "Manos Limpias recurre ante el Supremo la absolución de Atutxa por no disolver Sozialista Abertzaleak".