Judge Garzón to Speak at University of Minnesota - April 25, 2011

Spanish Judge, Baltasar Garzón, advocate of universal jurisdiction will speak April 25 at 2:00 p.m.

Rarely has a modern-day judge or human rights defender created as much controversy as Judge Baltasar Garzón. Garzón's supporters view him as an unrelenting human rights advocate, taking on high-profile cases including former Chilean president Augusto Pinochet and Osama bin Laden. Garzón's critics write him off as an over-stepping judge who has abused his judicial power, including exceeding his authority by investigating Spanish Civil War atrocities.

Judge Garzón grabbed the world's attention in 1998 when he asked UK authorities to extradite former Chilean dictator, Augusto Pinochet, to the Spanish court under an indictment of torture. Garzón's request was under the legal theory of universal jurisdiction, which allows any court to try individuals who are alleged to have committed the most serious international crimes, such as crimes against humanity or war crimes.

Since the Pinochet case, Garzón has continued to push for broad jurisdictional authority, opening investigations in the militant Basque separatist group, ETA, as well as Osama bin Laden and Al Qaeda. After his most recent investigation into the Franco era crimes of the Spanish Civil War, the tables were turned, and Garzón himself was indicted for overreaching his jurisdiction in investigating war crimes arising out of the Spanish Civil War.

Judge Garzón is challenging the lawfulness of his indictment in Spain which the International Center for the Legal Protection of Human Rights (INTERIGHTS) has described as a "threat to the independence of judges and to their role in ensuring accountability for alleged widespread and systematic crimes." Garzón alleges the criminal case against him violates several of Spain's obligations under the European Convention on Human Rights including the obligation to protect individuals from an unfair criminal process.

Judge Garzón will speak at the University of Minnesota on April 25 at 2:00PM in Room 25 Mondale Hall, University of Minnesota Law School, 19th Ave South, Minneapolis MN 55455. His talk will focus on "Truth, Justice and Reparation". A reception will follow immediately Garzón's lecture.

Garzón's visit is being co-sponsored by the Human Rights Program, the Department of Political Science, the Department of Spanish and Portuguese Studies, The Institute for Global Studies, The Hubert Humphrey Center, The Law School, The Interdisciplinary Center for the Study of Global Change, Global Spotlight, European Studies Consortium
Event is free and open to the public.

Now Accepting Proposals for Panel on Baltasar Garzón - St. Louis, November 2011

Many bloggers and other readers end up on this site looking for information on Baltasar Garzón. I am now accepting proposals on Judge Garzón for a Special Session panel at the Midwest MLA (Modern Language Association), to be held in St. Louis in November 2011. For more information on the conference, please click here.

Baltasar Garzón: International Justice on Trial

This panel explores the figure of Judge Baltasar Garzón as a metaphor for post-dictatorial justice in Spain and Latin America. Seen alternately as an advocate for human rights or as a celebrity “activist judge,” many argue Garzón has displaced the cause of the very victims he purports to defend. From his orchestration of the Pinochet arrest to his failed attempt to investigate Francoist-era crimes, Garzón remains at the center of an ideological battle over the narrative reconstruction of the dictatorial past. This panel examines Garzón’s portrayal by self or others in journalism, film or new media, especially with regard to the construction of a transnational memory culture and the practice of citizenship in democratic societies. Papers welcome in English or Spanish.

Please submit 250-word abstracts as email attachments to Kathy Korcheck by June 3, 2011.

Argentina will investigate the crimes of Francoism

I was a bit startled to see this title in the Spanish press this morning, but I am happy to see that the matter Spain has tried to keep internal for so long now has international players involved.This is a big deal!!

From: BBC News

4 September 2010 Last updated at 15:06 ET


Argentine court reopens Franco probe

An Argentine court has reopened an investigation into crimes against humanity in Spain during the rule of Gen. Francisco Franco.

The appeals court overturned a previous ruling that blocked a suit brought by Argentine relatives of two Spaniards killed under Franco.

It said they had a right to know if the case was being investigated.

Crimes committed under Franco and during the 1936-39 civil war are covered by an amnesty law in Spain.

The Argentine appeals court said a diplomatic request should be sent to Spain to ask what action it was taking to investigate crimes against humanity between 1936 and 1977.

'Systematic terror'

It said Spain should be asked if it was investigating the existence of "a systematic and deliberate plan to terrorise Spaniards who supported representative government by their physical elimination."

Human rights groups have welcomed the decision.

The lawsuit was opened in Argentina in April after the high-profile Spanish judge Baltasar Garzon was forced to drop an investigation into killings during the civil war and under Franco's rule.

Judge Garzon was suspended after Spain's supreme court found that he had exceeded his authority by ignoring the 1977 amnesty law.

The Argentine lawsuit is based on the principal of universal justice.

Judge Garzon has previously invoked the same principle to investigate crimes against humanity committed during 1976-83 military rule in Argentina, as well as to seek the extradition of the late Chilean military ruler, Augusto Pinochet.

Spain's 1977 amnesty law, which pardoned political crimes by both sides in the civil war, was seen as vital to ensure a successful transition to democracy after Franco died in 1975.

Tens of thousands of people were killed and buried in unmarked graves during the Spanish civil war and under Gen Franco's subsequent rule, but no-one has ever been prosecuted for the killings.

Garzón to continue fight for human rights outside Spain

From The New York Times

June 8, 2010
Spanish Judge Says His Fight for Human Rights Will Endure
By RAPHAEL MINDER

MADRID — Baltasar Garzón, the Spanish judge who attained fame for pursuing international leaders before Spanish courts, says he is confident his country will continue to pursue accused criminals worldwide whatever the outcome of his own judicial travails.

Mr. Garzón, who went after leaders like Augusto Pinochet of Chile, was himself suspended last month after being charged with abusing his powers to investigate Spanish Civil War atrocities.

“I believe the seeds have been sown, despite the possible contradictions of a country that investigates outside but cannot now investigate inside,” Mr. Garzón said in Madrid last week in his first newspaper interview in a year.

“The principle of universal jurisdiction has in fact germinated and is a conquest that cannot be lost and will not be lost,” he said. “However, as always happens with international justice, it’s about two steps forward, then one step back, then one forward and then two back — so we advance with a lot of difficulties. Why? Because there are a lot of interests at play — judicial as well as political and diplomatic.”

Mr. Garzón, 54, would not discuss his planned defense against the charges against him. Besides those relating to his controversial Spanish Civil War investigation, Mr. Garzón also stands accused in two separate cases, one over personal funding received from a leading Spanish bank and one over allegedly illegal eavesdropping as part of a political corruption investigation.

Mr. Garzón was indicted last April by Judge Luciano Varela for allegedly overstepping his authority and ignoring a 1977 general amnesty that covers crimes perpetrated during the Spanish Civil War. In October 2008, Mr. Garzón had launched a politically sensitive investigation into tens of thousands of deaths and disappearances during the war and the ensuing dictatorship of Franco.

The controversy over his jurisdiction had already forced Mr. Garzón to abandon the investigation within a month, but legal action was still taken against him by far-right activists. Mr. Varella’s decision was then upheld a month later by the body that oversees Spain’s judiciary, which decided to suspend Mr. Garzón pending his trial.

His suspension on May 14 marked an abrupt role reversal for Mr. Garzón, who established his reputation as an international defender of human rights by making extensive use of Spain’s doctrine of universal jurisdiction, which opens the door to prosecution within Spain of crimes committed outside the country. On the domestic front, meanwhile, he also fought against political corruption, as well as violence perpetrated by ETA, the Basque separatist group.

However his investigations have long made him one of Spain’s most polemic figures. Detractors have also questioned his motivations after his brief stint in domestic politics in the 1990s as a senior member of the Socialist party.

Although he was suspended as a judge pending the outcome of the cases against him, Mr. Garzón was given permission to work as a consultant to the International Criminal Court in The Hague.

Mr. Garzón said that he did not expect to stay in the Netherlands beyond December and that he was not considering another job switch should his legal problems worsen. If found guilty of knowingly contravening a 1977 general amnesty, Mr. Garzón could be suspended for as long as 20 years from the bench, which would effectively end his career as a judge in Spain.

Asked, however, whether he had harbored grander international ambitions, Mr. Garzón said: “I had not thought about this and I would lie if I said yes or if I said no. Until now my work here absorbed me fully.”

Mr. Garzón, who has targeted the United States because of accusations of torture at its Guantánamo prison camp, expressed optimism that President Barack Obama would reverse “sooner rather than later” a decision by the Bush administration not to join the International Criminal Court, which was set up eight years ago.

“The court can now function, but of course with the U.S. it would be a lot better,” said Mr. Garzón, adding that Mr. Bush’s decision had been “one of the worst moments for me.”

In The Hague, Mr. Garzón will use his experience “in cases that are similar to what I have dealt with in the context of fight against terrorism, organized crime and cases of universal jurisdiction.”

Representatives from the ICC’s 111 signatory nations are currently meeting in Kampala, Uganda, to review the court’s role and work. The court has come under criticism particularly for its slowness to bring cases to trial, but also recently over generous spending on its inmates and their visiting relatives. Asked for his own assessment of the court, Mr. Garzón said “this tribunal is still in complete development.”

He added: “To bring a case there is complicated, but I still think faster than in many countries.”

Mr. Garzón rejected suggestions that his crusade against human rights abuses had become too personal to be taken over by one or more of his lower-profile colleagues, should his legal problems put an end to his own career.

“Spain has had a preponderant role in terms of universal criminal justice and of course this leadership is now under question for obvious reasons, but there are ongoing cases and this movement isn’t just a question of Baltazar Garzón or not, but of all those who’ve been involved,” he said.

Still, Dolores Delgado, a leading Spanish prosecuting attorney who has worked closely with Mr. Garzón, said in a separate interview that his departure was a lasting blow.

“He was a pioneer who managed, from a small state, to ignite a concept of international justice that was dead until he started,” she said. “What happens now? He has left and it is very unlikely that another figure like him can emerge.”

Op-Ed Piece on Judge Garzón and International Justice

Published today in the New York Times:

May 31, 2010
International Justice-For Others
By GUÉNAËL METTRAUX

On May 14, the Spanish General Council of the Judiciary suspended Judge Baltasar Garzón from his functions following his indictment on charges of abuse of authority.

His crime? Garzón allegedly over-stepped his mandate when deciding to initiate an investigation into the disappearance of civilians during Francisco Franco’s dictatorship despite a law of amnesty that covered these crimes.

In the years before that, Garzón had become a living symbol of international justice as he pursued the likes of Augusto Pinochet and Osama bin Laden in the name of universal principles of human dignity, human rights and the international fight against impunity.

The reaction to Garzón’s latest investigative efforts and the Brazilian Supreme Court’s recent upholding of a law of amnesty that applies to the crimes of Brazil’s military dictatorship are powerful reminders that states can still decide what to do with their past, even when that past involves mass atrocities.

That possibility, however, is not open to all states in equal measure. Where their sovereignty has been subjugated (as with Germany after World War II) or where they can be politically pressed into submission (Serbia, most recently), states can be forced to subject their actions to the judgment of other nations in the name of the same values that had validated Garzón’s efforts.

Despite repeated assertions that a body of universal criminal prohibitions applicable to all has grown from these values, they remain to a large extent “le droit des autres,” a set of rules that we seem content to apply to others, but not to ourselves. The “others” are those, states and individuals, who have lost the political muscle to preempt or resist the application of that regime to them.

The International Criminal Court, a tribunal with global ambitions, has thus far only indicted Africans, although more than a hundred countries from five continents have now joined the Court, and crimes coming within its jurisdiction have arguably been committed outside of Africa.

Meanwhile, domestic courts in the Netherlands have successfully shielded Dutch soldiers and the state from judicial scrutiny for their alleged failure to prevent mass atrocities in Srebrenica in July 1995, while Serb and Bosnian nationals are being prosecuted on Dutch territory by an international tribunal for their involvement in those events. The same tribunal declined a few years ago to even investigate crimes attributed to NATO forces in Serbia during the 1999 bombing campaign.

While it could be that no international crimes were committed on those occasions or that there might be other good reasons not to prosecute such cases, a refusal to look into them contribute to creating the unfortunate impression that international accountability matters to some, but not to all.

The indictment of Garzón feeds into this uncomfortable sense of political selectivity in the application of the law. While Garzón was not prevented from investigating Argentine or Chilean nationals by local amnesties, Spanish law seemingly creates an absolute prohibition against an endeavor of the same kind that targets fellow nationals.

Garzón’s error was to assume that the values which had provided a moral and legal justification for his past crusades truly applied universally. Unfortunately, that is not yet the case. International criminal justice still operates selectively within the cracks that international politics have opened up for it.

While it could be argued that some justice is better than none, the present hyper-selectivity of international criminal justice could be most damaging to its credibility in the longer term.

The legitimacy of the rule of law, domestic or international, is based on the assumption that it does apply to all, without prejudice and without discrimination. Stripped of that element, it risks becoming — and will be portrayed as — a tool of political convenience for the powerful.

Before pushing any further the boundaries of international criminal justice, we should ask ourselves whether we are truly committed to subject the conduct of our own leaders and fellow citizens to the standard that we seek to apply to others.

We should also question whether we may legitimately force other nations to face their past in the name of supposedly universal values when we allow powerful countries such as Spain or Brazil to forget and forgive the crimes of their past. If the answer is no, we should perhaps show a great deal more restraint in imposing our demands for justice in states other than our own.

Our commitment to the rule of law should be measured against our readiness to see the standards that we wish to impose on others applied to our fellow citizens. The dismissal of charges against Garzón would be a good place to start the necessary process of making these standards truly universal.

Guénaël Mettraux represents defendants before international criminal tribunals. He is the author of “The Law of Command Responsibility.”

L.A. Times on Judge Garzón

The L.A. Times has published a new, more extensive article on Judge Garzón today. Thanks again to The Volunteer for sharing the link on their blog.

Crusading Spain judge Garzon himself a defendant - latimes.com

Posted using ShareThis

Irish Times on Garzón

This blog is quickly becoming a Baltasar Garzón blog. Certainly, when I created it, I did not intend for it to become one. However, at the moment, I am looking for a place to archive articles from the English-speaking press on the Garzón case. Here is the latest one, from The Irish Times.

Key phrase: "it is not only this controversial investigating magistrate who will be on trial in the coming months. It will be Spain’s political system itself, and the problematic legacy left by the Franco regime."

The Irish Times - Thursday, May 20, 2010
Baltasar Garzón

THE ROLLERCOASTER career of Spain’s so-called “star judge”, Baltasar Garzón, has hit a new low with the decision of the General Council of the Judiciary to suspend him from professional duties last week. The case that led to this suspension concerns his investigations into the crimes committed under Gen Franco’s 40-year dictatorship during and following the 1936-39 civil war.

The Supreme Court argues that he did this in the full knowledge that a 1970s amnesty law protects the perpetrators of human rights abuses under that dictatorship. He is charged with perversion of justice at the Supreme Court on this and two other counts. But his supporters argue that he is really being prosecuted for highlighting an uncomfortable reality – modern Spanish democracy is built on a dubious political deal, euphemistically known as “the pact of forgetfulness”, between the heirs of the dictatorship and a majority of democrats. So it is not only this controversial investigating magistrate who will be on trial in the coming months. It will be Spain’s political system itself, and the problematic legacy left by the Franco regime.

The separation of powers between executive, legislature and judiciary is a key democratic principle, but all three cases against Garzón reveal a dangerous degree of politicisation in the Spanish courts. It is tempting to paint Garzón as the innocent victim of such political intrigue. However, this unpredictably partisan figure often appears to be its creature as well as its current target. His fatal error may have been to antagonise all political factions over his 30-year tenure as a senior investigating magistrate.The highs in his professional life have certainly been spectacular. He is best known abroad for his unprecedented attempt to extend the reach of international human rights law.

But his extraordinary achievements have been tarnished by his tendency to exceed his legal powers to get results. This has been equally evident in many high-profile cases: his ruthless pursuit of radical Basque political parties and media; of drug barons; and, most recently and now also the object of a Supreme Court case against him, of corruption in Spain’s biggest opposition party, the right-wing Partido Popular (PP). The flaws in his professional practice might be forgiven if his trial brings about judicial reform and an end to Spain’s amnesia about the dictatorship. But this patently ambitious man has too few friends left in high places for this to be a likely outcome.

L.A. Times on Garzón's Suspension

Thanks to The Volunteer, a newsletter-blog published on behalf of the veterans of the Abraham Lincoln Brigade, I've found out about a new article on the suspension of Judge Garzón, published yesterday in the opinion section of the L.A. Times. Of course, it's a bit exaggerated to call this case "a new Spanish Civil War," and yet, one understands where the sentiment is coming from. It is easy to feel that many of the same types of divisions that motivated that war are still in play today.

Lately, in the U.S., most of the news coming out of Spain has had to do with the economy. It is good to know some papers are also interested in keeping readers abreast of the other less visible controversy. We cannot praise Judge Garzón when he goes after figures like Pinochet, Osama Bin Laden, or members of the Bush administration, and then criticize him for attempting to pursue justice in his own country, by bringing the crimes of Francoism to light! This case is still in need of greater international visibility.

A new Spanish civil war
A legal attack on Spain's star judge, Baltasar Garzon, is launched after his attempts to probe Spanish Civil War deaths.
May 16, 2010

For years, conservatives in Spain bristled as their most famous magistrate, Baltasar Garzon, pushed the boundaries of international law against former Chilean dictator Gen. Augusto Pinochet and human rights abusers in other countries, but they were powerless to stop him. When Spain's star judge turned his sights on Spanish Civil War atrocities, however, they joined forces with his many personal enemies and went after him, accusing him of opening old wounds and violating the country's 1977 amnesty law. Last week, a Supreme Court judge decided to bring the case to trial, and the General Council of the Judiciary voted in an emergency session to suspend Garzon.

From the beginning, the case against Garzon has seemed to be motivated by political and personal vendettas, and the timing of these decisions is no exception. Early in the week, Garzon had asked Spanish authorities for a seven-month leave to work as a consultant to the International Criminal Court in The Hague, presumably as a face-saving measure to avoid the humiliation of a suspension. But on Wednesday, an investigating magistrate for the Supreme Court (and one of Garzon's detractors) suddenly ordered Garzon to face trial for proceeding without jurisdiction on the Spanish Civil War cases, and the suspension followed on Friday. Such haste in a case that had been moving normally through the system since February has the whiff of malice; the decision was made even though the Spanish attorney general's office still had questions about the case. If convicted, the 54-year-old Garzon would not be jailed, but he could be removed from the bench for up to 20 years. For all practical purposes, it would mean the end of his career in Spain.

Garzon is a hero to many in the international human rights community for his pursuit of criminals and despots, regardless of their political bent, and for his commitment to international laws that say crimes against humanity cannot be amnestied or subjected to statutes of limitations. But heroes are often flawed characters, and Garzon is no exception. His ego and grandstanding, along with his legal stands, have earned him enemies. He is also being investigated in connection with questionable wiretaps he ordered in a probe of a corruption scandal involving the conservative opposition party.

In the Spanish Civil War case, Garzon sought to apply at home the principles he had championed abroad. He tried to open a case on behalf of relatives of the tens of thousands of Spaniards who died or disappeared in the war that ushered in the dictatorship of Gen. Francisco Franco in 1939, despite the amnesty covering the deaths and disappearances during the war and in its aftermath. The vehemence with which Garzon's inquiry was rejected is not surprising given the bloody history of the period, yet the legal action against Garzon is; it's one thing for his superiors to disagree with his judgment in bringing the case or to determine that he is overreaching, but it is quite another to charge him with breaking the law for doing so. Whatever happens in the case against Garzon, it seems that Spain is going to have to probe that past and provide the families with answers. The political divisions that marked that dark chapter of Spanish history still seem to be in play.

Visual Commentary on the Garzón Suspension

The following cartoons appeared today in the Spanish paper Público.

Title: "The winners"
Artist: Manel Fontdevila
Date: May 15, 2010

Here, a group of men gathers to read the news, "Garzón expelled." The first man comments, "Great news! The winners wrote history." And then he states with apparent glee, "And now, we're also rewriting it!" The men clearly represent the "victors" of the Civil War, or at least, the inheritance they left behind.


Artist: Vergara
Title: "Day of the masks"
Date: May 15, 2010

Yesterday, as Judge Garzón left the Spanish Supreme Court, his supporters lined the street, many of whom carried likenesses of the judge ("We are all Garzón"). On the left, we see Garzón in tears, disguised by the old theatrical comedy mask -- perhaps, to symbolize the farce of the suspension and the sham of the justice system, but also because it was reported that initially, the judge appeared to have received good news, which turned out not to be the case. On the right of the drawing we see a Franco-era officer (actually, it looks to be Franco himself), dressed in judicial robes. The mask he is holding up is that of Luciano Varela, one of the Supreme Court magistrates at the head of the charges of "prevarication" against Garzón (and, not coincidentally, someone who strongly opposed the Law of Historical Memory prior to its 2007 passage).

Editorial in The Nation on Garzón

Professors Sebastiaan Faber and Geoff Pingree of Oberlin College (Ohio) have published a comment piece in the The Nation, "Garzón on Trial." Available in PDF here.

Videos on Garzón Case

Supporters of Judge Garzón await him upon his departure from the Supreme Court today. They are shouting, "Garzón, amigo, el pueblo está contigo!" ("Garzón, friend, the people are with you!"). The title of the first video is "Garzón leaves the court of the Audiencia Nacional in tears."

Garzón Suspended!

I still cannot believe the news to which I have awoken this morning. Judge Baltasar Garzón has been suspended today from the Audiencia Nacional FOR INVESTIGATING THE CRIMES OF FRANCOISM. Spanish reports say Garzón left the court crying. This is not the end, because the judge will still need to stand trial, but his prospects are not looking good at this point. I hold firm to my belief that this is a politically-motivated attempt to remove a judge that has gone above and beyond to support human rights worldwide. In addition, we are witnessing the attempt to silence, once again, the Francoist past and those who dare speak out against it. Whatever happens to Garzón in the end, his case has at least heightened awareness about forced disappearences and executions of the Franco era, and what the judge has called Francoist "crimes against humanity." There will be a protest in front of the Audiencia Nacional in Madrid tonight at 8 (2 pm E.S.T.). More on this story later in the day.

Leer más en español

From: BBC News

Spanish judge Garzon is suspended

High-profile Spanish judge Baltasar Garzon has been suspended from his post by the country's judicial body.

The decision was unanimously adopted by the General Council of the Judiciary.

He is due to face trial on charges that he abused his powers by opening an inquiry in 2008 into crimes committed during Francisco Franco's rule.

Mr Garzon was later forced to drop the investigation into the crimes committed during the 1936-39 Civil War in Spain, which are covered by an amnesty.

Controversial judge

In February, a Supreme Court investigating magistrate ruled that Mr Garzon had ignored the 1977 amnesty by launching the investigation.

Mr Garzon, 54, who is highly popular among the Spanish political left and international human rights campaigners, appealed against the ruling, saying his inquiry was legitimate.

But some on the right accuse Mr Garzon of launching cases that are politically motivated.

Tens of thousands of people disappeared during Spain's Civil War and under Gen Franco's regime that followed.

Mr Garzon is also famous for targeting international figures, including late Chilean military ruler Augusto Pinochet, and al-Qaeda leader Osama Bin Laden.

Earlier this week, Mr Garzon reportedly asked to take a leave of absence to work for the International Criminal Court (ICC).

Judicial sources at Spain's National Court say Mr Garzon wants to work as an adviser for the ICC for seven months.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/europe/8682948.stm

Published: 2010/05/14 12:47:23 GMT

© BBC MMX

Judge Garzón, about to be tried for investigating crimes of Francoism

From Typically Spanish

Oral hearing opened in the Supreme Court against Judge Baltasar Garzón

By h.b. - May 12, 2010 - 12:02 PM

Garzón faces suspension on charges of perversion of the course of justice

The Supreme Court magistrate, Luciano Varela, on Wednesday opened the oral court case against National Court judge, Baltasar Garzón, who is accused of perversion of the course of justice by starting to investigate the disappearances of people during the Franco years. There is no appeal possible against the decision which is the last step before Spain’s star judge is put on the accused bench, and which will imply his immediate temporary suspension from his National Court post while the case continues.

It comes a day after it was learnt that Garzón has applied for a post at the International Criminal Court in The Hague, and whether he is allowed to take up that post now depends on the General Council for Judicial Power, the body which oversees the judiciary in Spain. They are the same body which could announce the temporary suspension of the judge from his post, and some consider there will be more news from them later today.

Garzón commented on Wednesday that he is not leaving either the judiciary, nor his place in the National Court.

Garzón to work at the Hague?

I am not sure what to make of the news that Judge Garzón has asked to take a leave of absence. At this point, it seems rather like a face-saving measure. Were Garzón to work for the International Criminal Court (see below), it would certainly give him increased visibility on the world stage, making "el caso contra Garzón" in Spain seem even more provincial and ridiculous.

From: BBC

Spain judge Garzon 'seeks leave'

High-profile Spanish judge Baltasar Garzon has asked to take a leave of absence to work for the International Criminal Court (ICC), reports say.

Judicial sources at Spain's National Court say Mr Garzon wants to work as an adviser for the ICC for seven months.

The judge was indicted last month for exceeding his authority by launching an inquiry in 2008 into crimes committed by General Francisco Franco's rule.

The crimes during Spain's 1936-39 Civil War are covered by an amnesty.

Spanish judicial sources say that Mr Garzon, 54, has received a job offer by the ICC chief prosecutor, Luis Moreno Ocampo.

They say Spain's judicial oversight board has to decide whether to grant Mr Garzon the leave of absence.

Mr Garzon has not publicly commented on the issue.

Popular with the left

In February, a Supreme Court investigating magistrate ruled that Mr Garzon had ignored the 1977 amnesty by launching the investigation into atrocities committed during the four-decade rule of Gen Franco.

Mr Garzon, who is highly popular among the Spanish political left and international human rights campaigners, appealed against the ruling, saying his inquiry - now shelved - was legitimate.

But some on the right accuse Mr Garzon of launching cases that are politically motivated.

Tens of thousands of people disappeared during Spain's Civil War and under the Franco regime that followed.

Mr Garzon is also famous for targeting international figures, including late Chilean military ruler Augusto Pinochet and al-Qaeda leader Osama Bin Laden.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/europe/8675548.stm

Published: 2010/05/11 14:53:24 GMT

© BBC MMX

From: The New York Times

World Briefing | Europe
Job Offer for Noted Spanish Judge
By MARLISE SIMONS
Published: May 11, 2010

Spain’s well-known investigating magistrate, Baltasar Garzón, left, who is being prosecuted in a case filed by far-right Spanish groups, has been offered a temporary post as an external adviser to the prosecutor at the International Criminal Court in The Hague, a court official there said. The judge gained an international reputation as a fearless prosecutor of cases including those on Basque and Islamist terrorism, drug traffickers and the former Chilean dictator Augusto Pinochet. Mr. Garzón was indicted last month on charges of abusing his powers. He has denied the charges.

Para leer más en español, pinchar aquí

"An Injustice in Spain" - editorial in the New York Times

From: The New York Times

Bravo, New York Times. Key phrase, the first one, where it states that this case should have been thrown out a long time ago. I will write more about this case shortly.

April 9, 2010
Editorial
An Injustice in Spain

Spain’s best-known investigative magistrate, Baltasar Garzón, is now being prosecuted in a politically driven case that should have been thrown out of court.

Judge Garzón is charged with ignoring a 1977 amnesty law when he decided to investigate the disappearances of more than 100,000 people during Spain’s 1930s civil war and the decade of Francoist repression that followed. The charges were brought by two far-right groups who fear an open investigation of the Franco-era record. Unfortunately, one of Mr. Garzón’s fellow magistrates sustained the complaint and brought formal charges this week.

As a result, he will now be suspended from his duties pending trial. If convicted, he could be barred from the bench for up to 20 years, effectively ending a career dedicated to holding terrorists and dictators accountable for their crimes. That would please his political enemies, but it would be a travesty of justice.

The real crimes in this case are the disappearances, not Mr. Garzón’s investigation. If, as seems likely, these were crimes against humanity under international law, Spain’s 1977 amnesty could not legally absolve them. The suspected perpetrators are all dead, and Mr. Garzón long ago halted his investigation, passing jurisdiction to local Spanish courts in the areas where the victims were exhumed.

Mr. Garzón is a fearless and controversial prosecutor who has made many enemies over the years. He has brought cases against Basque and Al Qaeda terrorists, powerful Spanish politicians, Latin American dictators and Russian mafia thugs.

High-profile cases, like his bid to try the former Chilean dictator Augusto Pinochet, appeal to him, and sometimes he overreaches. But his consistent goal has been to deny impunity to the powerful and expand the scope of international human rights law.

Mr. Garzón should be allowed to resume that work at the earliest possible date. Spain needs an honest accounting of its troubled past, not prosecution of those who have the courage to demand it.

New York Times Article on Baltasar Garzón

Highlighted quote: "He has argued that the amnesty does not cover crimes against humanity."

Published in: The New York Times
Date: March 25, 2010

Spain Allows Case Against Noted Judge

By ANDRÉS CALA

MADRID — Spain’s Supreme Court announced Thursday that an investigating magistrate could proceed with a case against a crusading judge known internationally for indicting Osama bin Laden and the Chilean dictator Augusto Pinochet, according to court papers.

The judge, Baltasar Garzón, is facing possible charges of abuse of power over his decision to investigate crimes committed during the dictatorship of Franco. If Judge Garzón is indicted he will be automatically suspended.

In its decision, the five-judge panel ruled against Judge Garzón’s motion for dismissal, saying it saw no legal or procedural reasons to drop the proceedings. The case was filed by several conservative organizations that contend that he abused the powers of his office by investigating Franco-era crimes that were covered by a blanket amnesty issued by Parliament in 1977, two years after the strongman’s death.

In 2008, Judge Garzón started investigating the forced disappearances of a few of the more than 100,000 people who were detained by government forces and remain unaccounted for. He has argued that the amnesty does not cover crimes against humanity.

José Miguel Vivanco, the Americas director at Human Rights Watch, said in a statement that “Spanish courts have routinely failed to investigate allegations of horrendous crimes of the past, but are being surprisingly active in prosecuting a judge who tried to push for accountability.”

Judge Garzón has long been a polarizing figure in Spain, and this case is no exception. Conservatives see him as a tireless self-promoter, while more liberal voices, like the left-leaning daily newspaper El País, call the legal proceedings against Judge Garzón “harassment” aimed at punishing him for reopening the wounds of the Franco era.

Judge Garzón has spearheaded much of the judicial pressure against the separatist Basque group ETA. He is also a hero among human rights groups that would like to see broader powers to prosecute international crimes against humanity.

Included in several high-profile cases he is currently investigating are the torture claims of former Guantánamo Bay detainees, criminal activity by Colombia’s FARC rebel group and corruption cases in Spain.

Judge Garzón is also facing court proceedings in two separate cases. In one he is suspected of receiving payments from Banco Santander for a series of lectures he gave at New York University while he was involved in a case against the bank’s chairman.

The other case is related to some phone taps Judge Garzón ordered of conversations between lawyers and defendants in prison in a broadly publicized corruption case incriminating top politicians of the opposition Popular Party.

Cartoons and a Brief Editorial on the Garzón Case - Spanish Press

I did not originally intend to use this blog to post about historical memory and Spain, because I have my Spanish blog to do that. However, particularly of late, the Spanish press has been full of news on Judge Baltasar Garzón, and the developing stories (plural, for the web has grown even more complicated) are important enough that that they need to be shared in English.

Pending against the judge is the primary case against him, that he "prevaricated" when he presented a report that dared to investigate the crimes of Francoism as "crimes against humanity." In addition to this initial accusation, made by the ultra-right wing group FE de las JONS (Falange Española, or the Spanish Phalangist Party), a second charge was brought against the judge in relation to funds he received for several colloquia he organized at New York University in 2005 and 2006 (NYU has denied that the judge was sponsored - or bribed - by funds from Banco Santander, and asserted that his visit was paid for through the King Juan Carlos Center, which is part of NYU).

Incredibly, last week, the Tribunal Supremo (TS, or Supreme Court) agreed to hear a third charge -- again, claiming that Garzón overstepped jurisdiction when he investigated a corruption scandal among opposition-party leaders (the case is commonly referred to as "el caso Gürtel" - for information en español, click here - for English, click here). While such ideologically-motivated charges may seem ludicrous to some, the progressive Spanish press seems to be more and more gloomy about Garzón's prospects by the day, as illustrated in the following cartoons, which I have translated for our non Spanish-speaking readers:

1. Title: "Los problemas de Garzón" (Garzón's Problems); Artist: Manel Fontdevila
Source: Público.es

Translation/Explanation:

The title reads: "Loser." In the middle of the drawing, we see Judge Garzón with a shovel on his back. The sign to the left -- probably not coincidental where the signs are planted! - reads "Francoist Graves," while the sign to the right, "Gürtel," refers to the aforementioned case. Garzón states, from left to right, "The cases were different. But the dirt dug up was the same." Fontdevila seems to assert that each issue has dug up painful truths -- one, about the Francoist past, and another, about the corruption scandal in the ranks of the Partido Popular ("Popular Party" -- currently, the opposition). Perhaps I am imagining things, but the artist also seems to be drawing parallels between the PP and the Francoist past, which should not come as a surprise to anyone who has been following the "historical memory" phenomenon in Spain in recent years. As the blogger Ignacio Escolar writes in a March 5 post, "not only is the topic of Francoism taboo in Spain, so is the PP."

2. Title: "Y ahora, Correa" ("And now, Correa" - reference to judge implicated in the corruption scandal -- currently in prison! -- who has made the second charge against Garzón ); Artist: Vergara
Source: Público.es

Translation/Explanation:

In the right-hand side of the cartoon, we see someone in a judicial robe that has just hung a "call to action" poster, calling for the public to file further charges against Judge Garzón. The poster reads: "YOUR TIME HAS COME! Francoist, Corrupt Politician, Terrorist, Drug Trafficker, Tax-Evader, South American Dictator....NOW YOU TOO CAN BRING A CASE AGAINST GARZÓN!! Last days! Great buys (offers) until removal from office! In small print - Reason: You don't even need one!"

3. Title: Untitled; Artist: El Roto
Source: El País.com

Translation/Explanation:

At the top of this cartoon, we have the likeness of former Spanish dictator Francisco Franco. Below, one of his victims. On the "pedestal," the words, "Don't Touch." I'm not quite as sure of this depiction, but the artist is obviously referencing the idea that the Francoist past is not meant to be investigated. Franco is, even in death, still in charge.

Clearly, I am biased toward Judge Garzón. But my feelings regarding this case have far less to do with the person of Baltasar Garzón, and more to do with what this magistrate has stood for in regard to human rights in Spain and beyond. To a certain degree, Garzón has already been put on trial. And when and if he does appear in court, put on trial along with him will be the victims of the Franco regime and their families. What is happening in Spain should be deeply troubling to anyone interested in human rights. A judge that has made his career fighting human rights violations now faces having that same career put in a drawer and locked away. For some in Spain, this is exactly the intent, as the three cartoons illustrate. We are witnessing an "in progress" attempt to promote and install historical and political amnesia. Stay tuned for more on this case.

More on the Garzón Case

When it comes to political cartoons, Venezuelan artist Eneko (Caracas, 1963) is one of my absolute favorites. Last semester, we used some of his drawings on immigration, gender roles and other topics as conversation-starters in my advanced Spanish conversation course. Eneko publishes in 20 Minutos, an online Spanish paper. In the past, he has created multiple works on the disappeared of Francoism. He had this to say about the Garzón case (see original here):

Editorial on Garzón in the L.A. Times

In recent days, while searching for news on Judge Baltasar Garzón's possible trial, I came across a post on the Daily Kos about his pursuit of alleged Bush-era war crimes. That investigation began today in Madrid. Naturally, the American progressive blogosphere has lit up with this news; however, with so many bloggers applauding Garzón's pursuit of Bush, Cheney and Co., a slight detail has been overlooked -- the fact that Garzón himself is under fire in his own country, about to be put on trial like a criminal for daring to investigate the crimes of Francoism.

There is a sad irony in this commenter's well-intentioned remark on the Daily Kos post: "The good Judge Baltasar clearly remembers with horror the unpunished crimes of Spain's Franco in and after the Spanish Civil War. The Spanish Republicans fought under the banner: 'Spain - the graveyard of European Fascism'. Let us hope that modern Spain will be the graveyard of American Fascism, with the trial, conviction and sentencing of Bush, Cheney and all the other home grown fascists who have literally mutilated our own democratic Republic." The commenter, while citing "American Fascism," is clearly unaware that while busy fighting "fascism" elsewhere, Judge Garzón's investigation of Francoist crimes has led him ever closer to the witness stand in his own country. That is why I am happy to copy the editorial below, which appeared yesterday in the Los Angeles Times. To read about this piece in the Spanish press, click here.

From: The L.A. Times
Editorial

The case against Baltasar Garzon
Spain's famed judge has run afoul of his own countrymen over an inquiry on Spanish Civil War victims. The case could end his career.

February 15, 2010

Spain's world-famous magistrate, Baltasar Garzon, has made many enemies over the years. He has indicted Osama bin Laden. He has gone after Spanish paramilitaries, Basque separatists and members of drug mafias. On this side of the Atlantic, Garzon is best known as the judge who pushed the frontiers of international law, trying to extradite former Chilean dictator Augusto Pinochet from London and launching an inquiry into the suspected torture of detainees at the U.S. prison in Guantanamo.

After all that, it is perhaps ironic that the biggest threat to Garzon right now comes not from some hit man but from his own judiciary, which alleges that the judge has overreached at home by trying to probe Spanish Civil War atrocities that were covered by an amnesty the country's parliament passed in 1977. Many of Garzon's adversaries on the right and the left have come together in support of the case against him. It's possible Garzon will be suspended from his duties in the coming days. If convicted, his career as a judge would be over.

Tens of thousands of Spaniards died or disappeared in the civil war, which ushered in the dictatorship of Gen. Francisco Franco in 1939. When Franco died in 1975, the amnesty was widely seen as essential for a transition to democracy. But many of the victims have never been accounted for, and the country has not fully come to terms with its violent past. Garzon opened the case on behalf of relatives who sought to exhume and identify the dead. After right-wing groups filed a complaint, an investigative judge concluded that Garzon "consciously decided to ignore" the will of parliament in pursuing the case, and now a five-judge panel must decide whether to put him on trial for criminal intent. Garzon denies wrongdoing; the disappearances, he says, were crimes against humanity and, therefore, cannot be covered by an amnesty.

We admire Garzon for a lifetime of pursuing criminals without regard to ideology or political bent, often at great personal risk. We also recognize that his outsized ego and appetite for attention have antagonized colleagues and politicians. Though we are in no position to judge the legal challenge against him, we worry about politicization of the Spanish legal system with this divisive case, and the haste with which events are unfolding: An administrative panel is considering Garzon's suspension even before judges decide whether to allow charges to be filed.

We sincerely hope that the Spanish courts will put aside personal animosities and political vendettas, and that Garzon's enemies will not use this case to bring down a judge they dislike. Love him or hate him, he deserves a fair hearing. And a democratic Spain deserves an upstanding judiciary.

Copyright © 2010, The Los Angeles Times

Support for Judge Baltasar Garzón

The Spanish-language blog and association La Memoria Viva was first to post information on the following "Manifiesto por la Justicia de Garzón," which I have included in the original Spanish below, along with my English translation in italics, following each paragraph. If you are so inclined, please consider signing the document here as a show of support for Judge Garzón. I would think that the more international support offered, the better.

Manifiesto por la Justicia de Garzón

El juez Baltasar Garzón ha ejercido una justicia de forma continuada y valiente durante veinte años en la Audiencia Nacional, comprometida con la defensa de los derechos humanos en España y en el mundo contra dictadores, terroristas, corruptos y enemigos de la democracia. Judge Baltasar Garzón has pursued justice in a brave, consistent manner for twenty years in the Audiencia Nacional, which is committed to the defense of human rights against dictators, terrorists, corrupt persons and enemies of democracy in Spain and the world.

El juez Baltasar Garzón ha sido uno de los principales promotores del desarrollo en España del principio de Justicia Universal. Judge Baltasar Garzón has been one of the primary proponents in Spain of the principle of Universal Jurisdiction.

El juez Baltasar Garzón es víctima de una campaña promovida por sectores de extrema derecha, Falange Española y Manos Limpias, con una sorprendente connivencia de algunos sectores progresistas. Judge Baltasar Garzón is the victim of a campaign put forth by factions of the extreme right, Spanish Phalangist Party and Manos Limpias [an ultra-right "sindicato," whose name translates as "Clean Hands"], with a surprising complicity among some progressive sectors.

El proceso contra el juez Baltasar Garzón es en realidad un juicio sumario contra los defensores de la Democracia, la Justicia y los Derechos Humanos y a favor de la impunidad de crímenes muy graves de carácter internacional. The action taken against Judge Baltasar Garzón is in actuality a summary judgment against the defenders of Democracy, Justice and Human Rights, one that encourages the impunity of serious international crimes.*

El juez Baltasar Garzón está siendo juzgado por una sala del Tribunal Supremo en la que la mayoría de sus miembros juraron lealtad al Movimiento Nacional del franquismo. Judge Baltasar Garzón is being judged by a tribunal of the Supreme Court, the majority of whose members made an oath of loyalty to the National Movement of Francoism.

Una sentencia adversa al juez Baltasar Garzón, tras agotar las instancias judiciales españolas, acabaría probablemente con una superior sentencia condenatoria del Tribunal Europeo de Derechos Humanos contra el Estado español. A sentence in opposition to Judge Baltasar Garzón, upon exhausting all appeals of the Spanish courts, would most likely end with Spain being censured by the European Tribunal of Human Rights.

El juez Baltasar Garzón representa el modelo de justicia basado en la defensa de los Derechos Humanos conforme con su Derecho Internacional que millones de ciudadanos y víctimas reclaman en todo el mundo. Judge Baltasar Garzón represents a justice model based on the defense of Human Rights in accordance with International Law that millions of citizens and victims demand the world over.

Ya en 2008 el Comité de Derechos Humanos de las Naciones Unidas recomendó al Estado español la derogación de la preconstitucional Ley de Amnistía de 1977. In 2008, the United Nations Committee on Human Rights recommended that Spain repeal its preconstitutional Amnesty Law of 1977.

Este caso vuelve a demostrar la necesidad de la Justicia Internacional. Incluso España, el país que intentó procesar al dictador Pinochet, es incapaz de juzgar su propia dictadura. Y quien lo intenta, es juzgado por ello. This case again demonstrates the need for Universal Jurisdiction. Even Spain, the country that sought to prosecute dictator Pinochet, is incapable of judging its own dictatorship. He who attempts to do so, is in turn judged for it.

FIRMA EN LA PESTAÑA COMENTARIOS. Deja tu nombre y profesión y/o el nombre de la organización a la que representas. PLEASE SIGN IN THE "COMMENTS" BLANK. Leave your name, profession and/or the name of the organization you represent.

No se publicaran textos que no sean adhesiones al manifiesto. Comments that do not support the manifesto will not be published.

*the phrase "juicio sumario" brings with it for me the notion of a "kangaroo court"

For more on this story in English, please see the following:

"Spain's Super-Judge Closer to Being Charged" (NYT, via AP)