2023-08-21 18:10:11
“Spain is breaching the decision of the UN Committee on Civil and Political Rights, resolved in 2021, to repair “multiple violations of the human rights of Baltasar Garzón“, revoked in 2021 for having investigated crimes of the “Franco regime”, and the famous “Gürtel” case of corruption, reported today his lawyer, Helen Duffy, notified by the aforementioned body, through “a new condemnatory resolution” against Madrid.
Member of the NGO “Human Rights in Practice”, which monitors compliance with compensation for crimes and offenses not duly sanctioned or repaired by the States, having exhausted the internal legal channels of the countries that have ratified the Pact on Civil and Political Rights of the UN, Helen Duffy recalled that Garzón was arbitrarily “removed and prosecuted” for investigating “crimes against humanity” and “high-level corruption.”
The aforementioned lawyer specified that the 2021 opinion had given Spain 180 days to inform the UN headquarters in Geneva of “the measures taken” in view of a “comprehensive reparation” of the dismissed magistrate, but that to date there is no initiative, in particular “the restitution or reincorporation of the victim to his former judicial role”, or “compensation and guarantees of non-repetition for ensure that such cases cannot arise in the future.”
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Helen Duffy now stressed that Spain refuses to “recognize damages” committed against Garzón, and carry out “the erasure of unjustified criminal records and undertake a legal and judicial reform, to safeguard judicial independence.” Faced with the demands of Geneva, Madrid has been responding “not relevant or does not implement the recommendation“, eluding to be defined about “guarantee non-repetition” of the evidence denounced by the UN.
The UN’s proposals to deal with these individual cases, once the domestic legal channels in the countries involved have been exhausted, without the disputes having even been appealed or dealt with by regional bodies, usually leave the two parties in dispute agreeing on a compensatory sum, arbitrating if there is no consensus between the parties. It transpired that in this regard there is no agreement between the socialist government of Pedro Sanchez and the sanctioned magistrate.
Nor is there a coincident assessment regarding the “Gürtel case”. Former judge Garzón continues to reject “the sentence handed down against him for investigating said case… which was partial and arbitrary, with a lack of predictability of the sanctioned conduct and without access to double instance.” It would constitute a conviction for a single case “which led to the loss of his judicial career.” However, the dispute over the crimes of Francoism would be even more serious, most of which went unpunished due to the 1977 Amnesty Law, which continues to govern the transition from the dictatorship of Francisco Franco to the current constitutional and democratic monarchy.
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Fabian Salvioli, UN Special Rapporteur for “transitional justice,” opportunely qualified that “some countries present a double standard: while its courts have adequately and successfully prosecuted foreign perpetrators through the application of universal jurisdiction, the crimes committed by national perpetrators remain unpunished, thus generating unacceptable impunity for the latter”, an appreciation that fits Spain , by virtue of Garzón’s summaries on the legacies of the dictatorships in Chile and Argentina.
The Argentine Salvioli, who before being Rapporteur chaired the UN Human Rights Committee for several years, cited above, also stated that “in certain cases an attempt has been made to lower some standards to negotiate political agreements. The urgency to achieve an end to the conflict or regime transition has had a negative impact in other cases” regarding “the quality of accountability, as well as its model or form of implementation. Although the objective of achieving peace and democracy is imperative, hindering the accountability, in addition to being contrary to international law, tends to entrench a culture of impunity and violence, and fail to prevent the recurrence of new violations”.
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