Readers may remember from a previous Bulletin that Spanish judge Baltasar Garzón ordered an enquiry into alleged crimes of humanity committed during the Franco regime against dissidents. The alleged crimes included systematic detentions, torture and killings.
Judge Garzón found that "the alleged facts have never been subject to criminal investigation in Spain, as a result of which impunity has been the rule for crimes that in light of legal developments might now be characterised as crimes against humanity". He concluded that the Spanish amnesty law did not preclude investigations into crimes under public international law.
Various organisations complained that Judge Garzón had exceeded judicial authority by opening an investigation into crimes pardoned under domestic law. The Spanish Supreme Court decided to prosecute him.
Represented by human rights organisation Interights, Judge Garzón is taking a case to the European Court of Human Rights. The case alleges violations of the duty to prosecute on the basis of clear criminal law and respect for private life. Expert opinions from around the world have been submitted to the Court on (a) the duty under public international law to investigate serious crimes; and (b) judicial independence.
Please click here to read a press release by Interights and here to read their briefing note.