Regarding the indictment of Judge Garzón
From the Federation of Forum for Memory, we have received with great concern the indictment of Judge Garzón. The arguments used by that car we suggest that there are several reasons leading to this situation.
First, Baltasar Garzon has committed the audacity to be first, and so far only, judge opened a criminal case to investigate the crimes of the Franco regime as a whole. And if it is true that inhibited in favor of various territorial courts, the fact remains that it is always possible to reopen this case or similar when appeals are heard by the Supreme Court. In addition, this process also serves as a warning to mariners, for those judges who have pending the opening of a grave not venture to process some Franco for serious crimes committed. In the words of Judge Zaffaroni, "gives the impression that Spain is trying to hide the existence of crimes against humanity."
The origin of this concealment is found in the "pact of silence, neglect and concealing" that was closed during Transitional political parties and the cause Judge Garzon opened, and that could open any territorial court, would break that covenant and would expose the dubious legitimacy of various institutions.
witnessing a new episode of "justice upside down." Just as the Franco processed by joining the rebellion against those who had defended the republican and democratic, the twenty-first century democracy processes who want to investigate the most egregious crimes can be committed, crimes against humanity, yes, when it comes to English, but not when to investigate Argentinian, Chinese, American, Guatemalans or any other nationality.
The role of the Office of the High Court has also contributed to the situation where we are now. Not oppose the investigation of Judge Garzon when they had not much significance, however, when he turned the proceedings into a real process with the intention to prosecute alleged offenders, the Prosecutor's Office against judicial decisions in place to ensure the rights of victims of Franco and taking action to prosecute offenders.
We can not even imagine that in Germany were prosecuted judges that made up the Nuremberg Tribunal and, ultimately, got the first trial and conviction of Nazi bigwigs because of their responsibilities in the killing occurred in the concentration camps, among other very serious war crimes against peace, etc..
The indictment uses the Amnesty Act of 1977 as justification for failure to investigate serious crimes of the Franco regime. However, the impunity laws are invalid under international law and, furthermore, Spain ratified the International Covenant on Civil and Political Rights, several months before the adoption of this law leads us to argue the invalidity of the Amnesty Act because it prevents victims can use an "effective remedy" to prosecute offenders and obtain fair compensation. In the same vein, are pronounced the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and the International Convention for the Protection of All Persons from Enforced Disappearance (1).
It's time to openly seek the declaration of nullity of the amnesty law that no court or administrative authority to mention it again as valid and effective. For the Government of Spain begin processing that statement and he weigh against it. Also for the Government to encourage the prosecution of criminal prosecution Franco and carry out the various accusations.
Finally, we witness another episode of the legitimacy of the Franco regime which is nothing but a new service called memoirs movement in relation to the limits "historic" when it comes to recover the memory of thousands of people who are still distributed in mass graves throughout the country and, ultimately, for the three major principles of international law can not be effected in Spain: TRUTH, JUSTICE AND REPARATION FOR VICTIMS OF FRANCO.
CALLmemorializing the whole movement and the democratic political forces that, together and coordinated, denouncing the annulment of the amnesty law and requiring compliance with the three principles of international law.
February 18, 2010
(1) You can see the Report of the High Commissioner for Human Rights regarding the Amnesties in http://www.ohchr.org/Documents/Publications/Amnesties_sp. pdf
