Baltasar Garzón is probably the internationally best known judge working on a national level. The Spanish judge was born in Torres de Albánchez in the Province of Jaén in Andalusia. After a side trip into politics in 1993, when he ran for the Spanish parliament on the list of the left PSOE party, he quickly dedicated himself to his career as a judge. Baltasar Garzón is currently the examining magistrate of the Juzgado Central de Instrucción No. 5 of Spain’s Central Criminal Court, the Audiencia Nacional. In this position he is in charge of judging Spain’s most important criminal cases.
Baltasar Garzón is considered one of the most active judges in using the principle of universal law and was one of the driving forces that constituted Spain's role as the nation with one of the widest interpretations of universal jurisdiction worldwide*. He is probably best known for issuing an international arrest warrant against the former Chilean dictator Augusto Pinochet who had previously profited from a life-long amnesty as a member of the Chilean senate. The arrest warrant was eventually enforced by the United Kingdom but extradition to Spain was denied on health grounds.
Baltasar Garzón also tried to lift Italian Prime Minister Silvio Berlusconi's immunity from prosecution at the Council of Europe in April 2001 and repeatedly expressed a desire to investigate the involvement of the former U.S. Secretary of State Henry Kissinger in the killings of leftist opposition figures in the Southern Cone in 1975, known as Operation Condor. Additionally he opened investigations on systematic torture in the cases of former prisoners at the US military prison in Guantanamo Bay.
It is rather obvious that Garzón has a knack for taking up spectacular and sensational cases, an approach that is not beyond criticism for a judge who should act on purely legal considerations. Nevertheless his actions in strengthening universal law highlighted cases of impunity and furthered the notion of the primacy of the rule of law worldwide.
But Baltasar Garzón is also an inconvenient judge on the national level. With his investigations into the party financing of the Spanish Conservative Party, the Partido Popular (PP), and against a PSOE minister involved in creating death squads to fight the ETA terrorist organisation between 1983 and 1987, he has made himself enemies in both political camps. This fact is currently backfiring on him as he has come under fire for allegedly exceeding his authorities in the scope of an investigation.
Baltasar Garzón started investigating the crimes of the Franco regime during the dictatorship even though an amnesty was democratically passed in 1977. Three organisations, including the radical right wing party Falange, have sued him for perversion of justice. The Spanish High Court has opened the trial against him and the administrative body of the Spanish judges will decide on Thursday if Garzón will be stripped from his office. Scores of Spanish victim's and civil society organisations, including film stars and directors like Pedro Almódovar, are protesting against the proceedings.
It is an obvious scandal that right-wing parties can not only fend off investigations into crimes committed during the dictatorship but even put the judges investigating these crimes under pressure. Internationally the acceptance for amnesties is rapidly diminishing, a development emphasized by the creation of the International Criminal Court (ICC). The Rome Statute, establishing the ICC, has already been signed by over 110 states with obvious repercussions on the validity of amnesties covering war crimes, crimes against humanity and genocides. Passing the 1977 amnesty would be all but impossible nowadays. An amnesty could only be possible if concrete steps to investigate the crimes are taken and the truth is brought into the open. Those directly responsible for the crimes could not completely evade punishment and the victim's rights would receive considerably more attention today.
In an ironical twist of history, the Argentinean attorney Carlos Slepoy has now declared that he will apply for taking up criminal proceedings in connection to crimes against humanity or even genocide committed by the Franco regime. Ironically, Garzón himself had started investigations against Argentinean Junta leaders in the past, thus contributing to their amnesty being revoked. Now it is possible that we will witness the first case in which Argentina applies the principle of universal jurisdiction itself, another indicator that the relation between Europe and Latin America is changing. Latin America's democracies are sufficiently self-confident today to teach European states a lesson in respecting victim's rights, a thought that will surely cost some Europeans to adapt to.
A victim's organisation has started a collection of signatures against the indictment of Baltasar Garzón at http://www.afeco.org/
*Even though the use of universal jurisdiction has increasingly been limited due to the political fallout of the cases. The criteria for the cases having a direct relevancy for Spain have been strengthened, reason for the failure of the attempt to start investigations into the Operation Cast Lead of the Israeli Defence Force in Gaza by the end of 2008 in Spain.
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