Thursday, April 08, 2010

Garzón Could Be 14 Days From Suspension

"Los tratados internacionales válidamente celebrados, una vez publicados oficialmente en España, formarán parte del ordenamiento interno. Sus disposiciones solo podrán ser derogadas, modificadas o suspendidas en la forma prevista en los propios tratados o de acuerdo con las normas generales del Derecho Internacional”.

The word is that the Consejo General del Poder Judicial (CGPJ) will decide whether to suspend Baltasar Garzón from his position as a judge at their meeting due to be held on the 22nd April. This follows the confirmation that the case being prepared by Luciano Varela concerning Garzon's investigation of Franco's repression will proceed to trial. Unless something surprising happens in the next couple of weeks it seems very likely that Garzón will be removed from his post.

I'm not going to rehash here all the reasons behind the decision to allow a collection of ultra right wing groups to take revenge on Garzón, I've already done it before. I just can't help being curious about Varela's arguments. If he argues that Garzón should be put on trial for knowingly ignoring the amnesty law from 1977, then what should happen to those judges like Varela who equally knowingly ignore Spain's obligations under international law? It's a rhetorical question of course, I don't seriously expect either an answer or anything to happen. Oh, the quote at the top of the post? That's nothing important, just something I saw from a document called the Spanish Constitution.


Lavengro in Spain said...

Can Garzón's case end up in Strasbourg?

Graeme said...

I don't think you can be prevented from taking a case to Strasbourg, another matter is whether it gets accepted. Also, I think I'm right in saying that you have to exhaust all legal possibilities in the home country first. That could take a while, especially as the Constitutional Court could get involved.

santcugat said...

The victims groups have already filed a criminal complaint against Varela for exactly that.

In addition, they are also filing suit in Argentina claiming universal jurisdiction to prosecute crimes committed under Franco.

Graeme said...

I wouldn't give them more than a 3% chance of succeeding but it has to be done just to highlight the contradictions of those who ignore the law so they can accuse others of doing the same. I see that Spain has also decided today to extradite to Argentina one of those who enjoyed tossing people alive from planes into the sea. He probably though he would be safe in Spain.