Showing posts with label Spain. Show all posts
Showing posts with label Spain. Show all posts

Friday, April 15, 2011

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.

Thursday, April 14, 2011

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.

Sunday, March 6, 2011

A Model for the Class I Hope to Teach

Professor Francie Cate-Arries is the author of the influential Spanish Culture Under Barbed Wire. Memory and Representation of the French Concentration Camps.1939-45 (2004). She also led what must have been an amazing class -- to teach and to take -- on memory in Madrid:



I am beginning to lay the groundwork for a similar project that has come out of the four-way intersection of post-dissertation research, a class I taught on contemporary literature and film of the Spanish Civil War, a Memory Studies honors seminar and the personal ties I have formed thanks to my Spanish blog. The class I envision will be taught partially in the United States and partially in situ. It will be interdisciplinary in nature and feature an extended, yearly field trip to one or several "sites of memory," which will vary. Hopefully, it will be team-taught. Perhaps, my teaching partner will alternate. I expect to bring together the study of literature and culture, psychology and history/politics.

As I outline the course, research locations and consider practical issues, I come back repeatedly to my concerns about memory tourism and how to prevent this sort of encounter or experience. Certainly, studying this issue will be essential prior to any potential interactions with survivors and/or their descendants, as well as the physical locations we might inhabit temporarily. I think that careful, frequent reflection will be key, as well as a clearly-outlined rationale and purpose prior to any excursion here or abroad.

Currently, I am reading Memory and the Future, because, as the editors state in the introduction, "For those who study memory, there is a nagging concern that memory studies is inherently backward-looking, and that memory itself -- and the ways in which it is deployed, invoked and utilized -- can potentially hinder efforts to move forward" (1). As I have used literature and film to discuss memory and amnesia, I have come to realize that scholars have neglected memory's future. What is the future of memory?

I will report more on developments in the above endeavor in the coming months.

Wednesday, February 23, 2011

February 23, 1981: "El 23-F"

Today is the 30th anniversary of the attempt to overthrow the democratic government in Spain, known as "el 23-F" for the date on which is occurred, February 23.  I have never known whether to call this day a "coup" or an "attempted coup," but I have seen both used with alarming interchangeability. On the one hand, it would seem right to call it an attempted coup. After all, no new government was installed and the attempt was, in the end, a failed one. Yet for a day, at least within the confines of the Congreso de los Diputados in Madrid, Spain was held hostage to the demands of the right-wing military golpistas that occupied Congress in their green uniforms and tri-cornered hats. Considering the fact that the attempted coup occurred just 6 years after Franco's death and 3 years after the new Spanish Constitution was passed, el 23-F must have been a terrifying reminder that the past was by no means past (see an overview of the events in this Guardian article from February 23, 1981).

On this day, Spain was about to elect a new prime minister, Leopoldo Calvo Sotelo (see obituary here); Congress was in session when suddenly, a swarm of civil guards, led by the lieutenant colonel Antonio Tejero, entered the building and began shouting for everyone to get down. Shots were fired -- Congress deputies dove beneath their desks, but a few remained seated (one of whom, Adolfo Suárez, helped provide the spark for Anatomía de un instante/Anatomy of a Moment, Javier Cercas's excellent dissection of that day).

At 1:15 a.m., King Juan Carlos I appeared on TV to defend the Constitution (this aspect of February 23 -- that is, the King's heroism -- has been a matter of fierce debate between those who support the monarchy and those who feel the King, who was put in place by Franco, needs to step aside). Order was eventually restored, and Tejero only served a year under house arrest. The date was a defining moment of the Spanish transition to democracy. The long-standing narrative of the harmonious, bloodless transition to democracy in Spain has been dismantled in recent years, but considered alongside some of the recent events in Egypt, Bahrain and Libya, it is hard not to marvel at the fact that Spain's young democracy was able to survive this day (of course, democracy had already been "in place" for several years in Spain).

Below, a few videos to help illustrate February 23, 1981. All are in Spanish only. I have yet to find a video in English on this day.

Probably the most well-known video sequence of that day:


An interesting re-creation of what was going on outside:


Trailer from a new film on February 23 (official website here):


For more, see special in Público

Saturday, February 12, 2011

"Desaparecidos" (Disappeared) displays the work of Gervasio Sánchez

The CCCB (Centre de Cultura Contemporània de Barcelona) is currently showing the work of Gervasio Sánchez, a Spanish photojournalist that has spent a large part of his career documenting the "disappeared":
The Centre de Cultura Contemporània de Barcelona, La Casa Encendida de Obra Social Caja Madrid and the Museo de Arte Contemporáneo de Castilla y León simultaneously present the exhibition “The Disappeared”, curated by photojournalist Sandra Balsells. This photographic show by photojournalist Gervasio Sánchez addresses the theme of forced disappearance in Chile, Argentina, Peru, Colombia, El Salvador, Guatemala, Iraq, Cambodia, Bosnia-Herzegovina and Spain between 1998 and 2010.

“The Disappeared” represents a forceful document against forgetting and aims to salvage the suppressed memory of people disappeared during various wars and processes of repression. The presentation of the exhibition forms part of a major cultural action which, for the first time on the Spanish expository scene, involves the simultaneous exhibition in three cities (León, Barcelona and Madrid) of a macro photographic project centring on a single theme, by the same author.

Each centre will show a broad but completely different selection of photographs, making it a truly new expository proposal (MUSAC: 79 photographs and installation of portraits, "Cruelty and Pain", the joint work of Gervasio Sánchez and Ricardo Calero; La Casa Encendida: 73 photographs and 4 murals with 40 portraits; CCCB: 103 photographs and 4 murals with 40 portraits). The three exhibitions share the same narrative structure and thematic blocks, and all three end with a significant epilogue devoted to Spain, dealing with the present-day process of search for and exhumation of people who disappeared during the Civil War and the Francoist dictatorship.

In addition to photographic material, the exhibition includes two audiovisual recordings explaining the testimonies of the families of disappeared people and reproducing the ambient sound of detention centres and burial places.

In the framework of the exhibition, the three centres will also be organizing conferences to reflect on and debate the phenomenon of forced disappearance.
More information here (English) and at the photographer's personal blog (Spanish). Sánchez's blog, Los desastres de la guerra, which takes its name after the famous Goya grabado, contains detailed descriptions of some of the photographs displayed in the exhibit.

In this video, Sánchez describes his work on the "disappeared," the importance of documenting absence and the effects of forced disappearance on the victim's family members.He also discusses the world of (photo)journalism today.

Wednesday, January 5, 2011

Commemorating the American Civil War

Since around 2004, my main area of research has been on contemporary literature and film of the Spanish Civil War and Francoism. Therefore, whenever I hear "civil war," my first reaction is to think of Spain. The American Civil War (1861-65) is, quite frankly, something that has never really piqued my interest. I guess when I think of this period of American history, the image that comes to mind is my high school A.P (advanced placement) history class, where the teacher spent a large part of the period reading the newspaper while we "did homework." I did not learn anything in that class, and I did not get college credit for it either (instead, in college, at the wonderful suggestion of an adviser, I ended up taking "Black Experience I and II," which were two of the best history classes never taught in high school -- at least, not mine). In addition to my dreary high school history experience, the American Civil War also brings to mind Civil War re-enactments or the burning passion some still feel for the Confederate flag. It's difficult for me to relate to the desire to live or pay homage to our history in either of these ways.

Over the past few weeks, I have begun to notice more and more mentions of the American Civil War. One of my favorite poetry sites, Poetry Daily, featured James Doyle's "Civil War Photograph." I heard that the USPS will be releasing commemorative Civil War stamps in 2011. And today's NYT features a new occasional series, "Disunion," which "follows the Civil War as it unfolded." Of course, the renewed interest in the war is due to the fact that 2011 is the 150th anniversary of its beginning. We are sure to see an increase in the number of films, publications and commentary -- and probably, commemorative activities -- on the war.

The 150th commemoration of the start of the American Civil War comes at a time of extreme political vitriol in the United States. It is not at all surprising to encounter some rather casual and more explicit Civil War allusions in the verbal sparring between Democrats, Republicans and Tea Partiers and in the neo-confederate tributes to the so-called "War for Southern Independence" such as the ones below:
I must admit, I feel a new interest in learning about the American Civil War, thanks to studying the Spanish Civil War -- and particularly, how it continues to be remembered. But as with the SCW, I am especially intrigued by how the memory of war continues to mark the contemporary political landscape. Obviously, there is quite a difference between "remembering" a war that began 150 years ago and one that occurred in the 20th century (2011 is 75 years since the start of the war in Spain). The case of Spain is complicated, besides, by 36 years of dictatorship, the "pact of silence" and the fact that mass graves continue to be uncovered today (though of course, a majority of these graves are not from the war itself, but the brutal postwar repression). In the U.S., no one can say they recall the war, while in Spain, the war's survivors have passed or will do so soon. Nonetheless, the shelf life of a civil war is long. 150 years may seem like an eternity, but  many are more than happy to make the past quite present, if only to help feed current political interests. In that, Spain and the U.S. have something in common.

    Saturday, September 4, 2010

    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.

    Wednesday, July 7, 2010

    7/7 Memorial

    It is interesting that yesterday, Queen Elizabeth II was at Ground Zero, just one day prior to the anniversary of the terrorist bombings in London (July 7, 2005). Here are a few images of the memorial for victims of the 7/7 attacks, which opened in 2009.


    photo here

    As a point of comparison, this is Madrid's March 11 memorial, located outside Atocha train station.

    Interior:


    Exterior:


    It will be interesting to see what develops as a memorial at Ground Zero. For various reasons, my personal opinion is that a new skyscraper - which will be the same height as one of the previous towers of the World Trade Center - should not go up. However, I do like the idea of the memorial (called "Reflecting Absence") thus far -- two empty spaces where the original towers once stood. According to Wikipedia, "pools of water fill the footprints, underneath which sits a memorial space whose walls bear the names of the victims."

    Photo here

    Friday, June 25, 2010

    On Nocturnal Statue Removals

    A statue of Joseph Stalin has been removed from its perch overnight (the short report follows). For those interested in the subject, I recommend this more extensive article published by the BBC, which outlines similar dictator-removal acts. I am all for the removal of dictatorial statues and symbols, but I think these nighttime removals are a bit sneaky, and don't really help install confidence in local politics. Covering up a video camera, doing the removal under a tarp or stopping by at 3 a.m. with a few pulleys and chains in itself suggests an authoritarian or paternalistic stance toward memory. It almost seems as if the state is telling the people, "we don't trust you, so we have to take matters into our own hands." These removals also beg the question, "what happens to these objects once they are removed?" Where are they stored? Who will see them, if anyone? What will replace these statues? How will these replacement objects be received?

    I am reminded of a recent article from the Spanish press on the work of Fernando Sánchez Castillo (Madrid, 1970), who created several pieces on the Francoist legacy now showing as part of the PhotoEspaña exhibit. The pieces include 3 photographs, a video and a spinning head of Francisco Franco. In the article, Sánchez Castillo spoke of the difficulties he encountered when hoping to gain access to remnants of the Franco era. In 2002, the artist began a project - really, a sort of campaign -- that involved having several blind friends visit and touch statues of the dictator that had been removed upon the passage of the Law of Historical Memory (2007). However, only one government authority - the Barcelona city  hall -- granted him permission to peruse the dictatorship storage unit. As the artist put it, the challenges he faced show that "we still have a serious problem with our history: we don't know what to do with it."


    From: The New York Times

    June 25, 2010
    Statue of Stalin Removed from His Birthplace
    By ELLEN BARRY

    MOSCOW — Citizens in the Georgian city of Gori, the birthplace of Stalin, woke on Friday to discover that a towering statue of the dictator erected 48 years ago had been removed from the central square during the night, in another potent symbol of Georgia’s rejection of its Soviet legacy.

    Georgian authorities took the statue down under conditions of complete secrecy, temporarily blocking the lens of a closed-caption camera that offers a live video feed from the square, according to the online news service civil.ge.

    The city was badly battered by Russian bombing raids during the 2008 war, and officials said they would replace the statue with a monument to victims of Russian aggression. Still, the move is likely to anger some in Gori, which vigorously capitalized on its status as Stalin’s birthplace throughout the Soviet era and still offers a range of exhibits and impersonators to nostalgic tourists.

    Monday, June 14, 2010

    "Un largo invierno" ("A Long Winter") - documentary on Spain's March 11 and Pilar Manjón

    On March 11, 2004 -- known as "el 11-M" in Spain -- 191 people were killed  and thousands wounded when ten bombs exploded on four different commuter trains in a terrorist attack in Madrid. Until 2004, terrorist attacks in Spain had been largely tied to ETA, the Basque separatist organization. Initially, Spanish politicians -- including the president at the time, José María Aznar, and the candidate for president, Mariano Rajoy, both of the Partido Popular, or "People's Party" (PP) -- and media blamed ETA for the attacks. However, ETA had long had a practice of announcing their attacks prior to their occurrence, as well as  assuming responsibility for them. Also, despite the fact that ETA had murdered over 800 since 1968, their largest attack was the Barcelona Hipercor bombing of 1987, which killed 21.

    Occurring just three days before Spain's presidential elections, the attacks inspired widespread protests when it became apparent that the governing party (aligned with Bush and Blair) had attempted to sway public opinion by contacting the media and asking them to support the ETA theory, as Democracy Now reported in November 2004:
    Within a few hours, Spanish prime minister Jose Maria Aznar had called all the major media executives in the country and told them that ETA, the Basque separatist group, was to blame. Such was the conviction expressed by the president that Spain’s largest newspaper, the left-leaning EL PAIS, published a special edition on the day of the attacks with the title "ETA massacre in Madrid."
    Without a doubt, the ETA theory was politically-motivated. As is well-known, the Aznar government supported the U.S. invasion of Iraq. The widely-publicized photo of Tony Blair, George Bush, and Aznar smiling like the three amigos in the Azores had drawn the ire of Spaniards that had protested the war from the outset. Essentially, Aznar ignored public outrage about the Iraq invasion, and allied himself with England and the U.S. It is impossible to overlook the fact that two of the countries suffered major terrorist attacks on September and March 11 (England, on Juy 7, 2005). Thus, promoting the ETA theory served to benefit Aznar, while opening the door to radical Islamic terrorists did not. The people of Spain came together -- some holding signs reading "paz," some demanding the PP stop lying -- in a powerful, visible display of solidarity on the streets of Madrid.
    The day after the bombings, a massive demonstration that had been promoted by the government to protest the attacks turned into a spontaneous antiwar event that condemned both the bombings in Madrid and in Iraq. Finally, on the eve of the elections, thousands of people congregated in front of the headquarters of the governing political party, the PP. They demanded to be told the truth. (Democracy Now, November 23, 2004)
    In 2007, an official report ruled out any ETA involvement in the 2004 bombings, but was also unable to establish any direct links to Al-Qaeda. To date, at least 2 men have been sentenced - a Moroccan national and a Spaniard. Both men received sentences over 30,000 (thirty thousand) years and were charged with supplying the materials needed to make the bombs -- cell phones and dynamite. The years are mainly symbolic, as no one can remain in prison longer than 40 years in Spain. The Socialist party (PSOE), led by José Luis Rodríguez Zapatero, has been in power since 2004, but the Zapatero government has had its share of problems, particularly regarding the economy.

    Similar to what happened in the U.S. after September 11, Spain has begun to witness an attempt to deal with March 11 via literature, film and music. Probably the best known example to date is the song "Jueves" by the now defunct pop group La Oreja de Van Gogh (LOVG). I also recently finished a short novel by Ricardo Menéndez Salmón, El corrector, which has March 11 as its backdrop. And just days ago, I read about a new documentary film, Un largo invierno, which adopts a new approach to the March 11 story. The film's trailer is embedded in this post below. English subtitles are forthcoming on the official site.


    In Un largo invierno ("A Long Winter," 2009), director Sebastián Arabia opts for a much different focus than those we are used to seeing in "terror documentaries." Here, there are no images of smoldering, twisted train cars or people weeping. We do not see played for the millionth time, from the vantage point of an escalator, the moment one of the bombs explodes. In his hour-long film, Arabia zeroes in on one protagonist, Pilar Manjón, whose 20-year old son, Daniel Paz Manjón, died in the March 11 attacks. Significantly, Pilar Manjón is also the president of the Asociación 11M Afectados del Terrorismo ("March 11 Association of those Affected by Terrorism," originally meant to serve victims of March 11 and their families), founded in 2004. She might be said to be the public face of March 11 -- during the March 11 hearings, she called out politicians and accused terrorists alike, and demanded that a new commission be created, independent of political affiliation. Perhaps, it was this appearance that led to her largely negative portrayal by the mainstream press, but Manjón's affiliation with the worker's trade union Comisiones Obreras (CCOO) -- originally founded by the Spanish Communist party -- has probably also contributed unfairly to the tirade of insults she has received.

    In addition to the extreme suffering caused by the violent death of her son, Pilar Manjón has had to tolerate public slandering. Cast as the leader of a conspiracy to bring down the right, Manjón has received death threats and even required a body guard to walk down the street. In 2008, she attempted to press charges against two voices of the COPE radio station (sponsored by the Catholic Church and of an extreme right nature) for publicly humilliating herself and, by extension, the victims of terrorism, with comments they made. The complaint was denied. Manjón has also been vocal about the lack of economic and moral support the victims of March 11 have received. Sure to be controversial is the moment in the documentary when Manjón assures the camera she wishes the attacks had been caused by ETA, because then the victims would have been considered "víctimas de primera" (first-class victims) by the Spanish government, rather than second-class citizens. The hierarchy of victims is a topic taken up by Judith Butler in Precarious Life, and I was reminded of this work when I heard this statement. However, to be clear, Manjón is just as angry about the deaths caused by March 11 as she is regarding the deaths in Iraq.

    Un largo invierno oscillates between the testimony of Pilar Manjón and clips of Spanish politicians and mainstream media interviews, as well as footage from the protests which followed March 11. This was the first time I have listened to Manjón at length, and I found her to be an eloquent, informed speaker. She has an air of fatigue and grief about her, but her emotions rarely, if ever, overtake her statements. When Manjón is speaking, Arabia tends to use close-up shots, periodically zeroing in on her hands. On several occasions we catch a glimpse of what appears to be a tattoo of her son's name ("Dani") on Manjón's right hand.

    I like the way the film begins, with viewers hearing Manjón's report to the March 11 commission being read in her own voice, and simultaneously watching Manjón appear to be listening to her words, as if from a distance. The film picks up the words of this report towards the end of the documentary as well. I also found the end of the film well-done, with the stark images of faces of all ages contrasted against the white background. Such shots are reminiscent of the earlier-mentioned "Jueves" video, and they humanize the events of March 11. However, as I will go into later on, I wonder why the director does not give viewers more access to these people at the end. Who are they? Are they families of the victims? Are some of them those who were wounded on that day? We cannot be sure. It seems we are to read them, as one reviewer put it, as Manjón's acolytes. Yet we just don't know, because they don't speak. Some are serious, some smile and seem to joke with one another. But, unlike Manjón, they remain nameless.

    I believe that this was an important film to make, particularly given the politicized nature of March 11, and the villainization of Pilar Manjón. Just like in the U.S. and elsewhere, the notion of "terror" and the concept of the "victim" have been co-opted and manipulated by politicians for political gain. It is difficult to ignore Manjón's point that ETA victims are better treated than other victims of terrorism in Spain, particularly when she cites the economic and medical challenges many face, and asserts that some March 11 victims are actually getting worse rather than better. I also appreciate the director's efforts to allot Manjón her own speaking platform, while he weaves in documentation and audioclips that essentially denounce the center-right (El Mundo) and the extreme right's self-appointed spokespersons (Jiménez Losantos and César Vidal). That said, after viewing this film for the first time yesterday -- and I have not seen it multiple times, which I usually do with documentaries I hope to study -- I am left with some questions. I should add that yesterday, the film was available for viewing in its entirety on the official site, but today, that video has unfortunately been removed (trailer is below and is available only in Spanish at the time).

    My doubts regarding this film have to do with the use of Manjón as a centerpiece. The official title of the documentary, Un largo invierno, is preceded by a short descriptor, referencing Manjón's name and position. But because the promotional materials feature Manjón's face in shadow, it seems clear that she is meant to stand in as a representative of that long winter. This is a fact Sebastián Arabia acknowledges -- in the words of the director, "había que corregir algo muy perverso, el aislamiento de Pilar" ("we had to correct something really sick, Pilar's isolation," translation mine). Arabia adds that Manjón has had to carry on her shoulders a very close-knit organization ("lleva sobre los hombros un colectivo muy unido").

    Perhaps, one of the film's intentions is thus, to illustrate how the personal trauma of March 11 is also a collective one. Yet while we see the power of community uniting in the days after March 11, in full support of the victims, we are also reminded, sadly, of how a community may also unite against its own victims and their loved ones. I am reminded of the despicable comments made by Ann Coulter in 2006, when she called 9-11 widows "self-obssessed" women "reveling in their status as celebrities" who "enjoyed their husbands' death so much." Pilar Manjón has become the whipping toy for those who still resent that the PP lost the elections on March 14, 2004. I see Arabia's point in getting Manjón's extended testimony beyond the courtroom and the paparrazi, but isn't placing her at the center of his film taking something away from the rest of the stories of 11-M victims? What we have in this film is Pilar Manjón against the world. What about everyone else? Can this one woman really represent everyone? In Arabia's opinion, in telling Pilar's story, he is simultaneously telling a part of Spain's recent history ("No creo que sólo esté contando la historia de Pilar, creo que estoy contando una pequeña parte de la Historia de nuestro país”).

    Ultimately, Un largo invierno is a study in memory and forgetting. On the one hand, we have the sense that the PP, the party in power in 2004, tried to impose its own (false) narrative about March 11, which arguably got the party kicked out of office. In addition, the film narrates the trials Manjón has endured, depicting them as concerted efforts to silence her. And, at the time of filming, it is five years later, and what we have is the sense that the March 11 victims and their families are being forgotten, removed from public view. Manjón speculates that this forgetting -- particularly, due to the lack of economic assistance by the Comunidad de Madrid -- is politically-motivated. We come away looking at Manjón as the voice against forgetting and silence about March 11. In fact, the film almost feels like we are to read it as Pilar Manjón's vindication.

    Another way we might approach the subject of memory and forgetting has to do with the imagery Arabia chooses to use (or not). The director states that he purposely did not use images of 11-M because he wanted viewers to recall on their own the sentiments of those days in March 2004, but also because the photographs and videos of bodies and shattered, twisted train cars have been misued and abused. In this instance, I agree wholeheartedly with the director's decision. Also, by foregrounding images of the protests and politicians, Arabia tries to showcase the response to March 11, or what was going on while the majority of people were still glued to their TVs focusing on the sheer enormity of the tragedy -- this sort of "global" view would not have been possible just after the attacks, or even in the first few anniversaries.

    Though the film was just released in April 2010 and does not yet have subtitles, I also have doubts about how the intricacies of the March 11 story will be explained to audiences abroad. The film manages to condense an incredibly complicated trajectory into 56 minutes, and I think the characters and events portrayed will be more than familiar to Spanish audiences. However, viewers outside Spain are going to require quite a bit of background information to appreciate the film's ambitious attempt to depict the aftermath of the attacks -- and to do so through the voice of Pilar Manjón.

    All in all, this is an important documentary for Spain (a country that has really seen an increase in documentary film production over the last 10 years or so), and especially remarkable considering the young age of the director. I admire Pilar Manjón tremendously, and I hope this film will help direct attention to the cause of her organization.

    Please see the Facebook page for Un largo invierno here (English trailer is available on the FB site).

    Tuesday, June 8, 2010

    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.”

    Monday, May 31, 2010

    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.”

    Sunday, May 23, 2010

    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

    Wednesday, May 19, 2010

    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.

    Monday, May 17, 2010

    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.

    Saturday, May 15, 2010

    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).

    Friday, May 14, 2010

    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

    Wednesday, May 12, 2010

    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.

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