Tuesday, May 18, 2010

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The judge sentenced

Baltasar Garzon has been provisionally suspended from his duties as judge of the Audiencia Nacional by the General Council of the Judiciary (CGPJ), after the Supreme Court judge, Luciano Varela, agreed to open Garzón trial after admitting to hear a lawsuit filed by organizations and English Falange Clean Hands for alleged trespass by the decision to assert jurisdiction to investigate crimes of the Franco regime. A decision ends a controversy that has lasted almost two years since Garzon decided to get involved in the investigation mentioned.

The October 16, 2008, Garzón competent and justifies declaring its intention to investigate the disappearances recorded during the Civil War and the early years of the dictatorship of Franco , and direct the opening of 19 mass graves scattered in throughout the country. The decision to establish its jurisdiction was, from the beginning, opposed by the Office of the High Court. On 28 November, the Plenary of the Criminal Chamber of the Audiencia Nacional, Garzón declared incompetent in this case by fourteen votes to three.

then the Supreme Court declared admissible a complaint against Judge Garzon for trespass to assert jurisdiction in the investigation of the crimes mentioned presented sa c popular accusation by the right-wing organizations and English Falange Clean Hands, the latter allegedly directly involved in the crimes will be studied.

On 7 April 2010, the Supreme Court considers it necessary to continue the proceedings for the crime of trespass against Garzon in a car that uses their own judge. On April 24, Garzon filed before the Supreme Court to challenge an appeal against the examining magistrate, Luciano Varela, accusing him of having "direct interest in the proceedings and bias in the same" and having made "a work closer an advisory or legal advice ", by granting the plaintiffs a period to correct a defect in his series of indictments, a fact which he defined as" atypical and extra-giving opportunities "to one of the parties. On 3 May, the DPP Supreme Court presented a letter of rejection to the disqualification of Luciano Varela by Garzón, expressing that the request is "absolutely unfeasible for lack of substantiation and justification" .

Throughout this process, has served on the first page of the national and international news, there have been demonstrations of support to Garzon. On 24 April, thousands of people participated in rallies and demonstrations across Spain to denounce the "impunity" of the Franco regime and support the judge Baltasar Garzón . The most heavily attended event took place in Madrid, where organizers acknowledged that attendance topped up "by far" his most optimistic expectations. Other cities that showed support for the judge were: Barcelona, \u200b\u200bSevilla, Zaragoza, Murcia, Valladolid, Leon, Las Palmas, Santander, Valencia and Gijón.

After days of waiting, and as we mentioned earlier, the full extraordinary CGPJ decided on May 14, unanimously, to provisionally suspend Baltasar Garzon functions . This decision was made public just two days after the judge agreed Varela open trial for the investigation of the crimes of the Franco regime. reactions were swift, and many organizations such as Human Rights Watch, the National Association for the Recovery of Historical Memory and the State Federation of Forum for Memory, the Council regretted the decision . They also showed their support to various partners Garzon of the National Court, as Jose Ricardo de Prada, Clara Bayarri, Santiago Pedraz, Fernando Andreu, Vicente González Mota, Daniel Campo, Noah and Mary Anne Dolores Delgado.


The news passed our borders and media as the New York Times , The Guardian or Le Figaro criticized the suspension. The Times headlined its editorial as An injustice in Spain, noting that "Garzón should be allowed to return to work sooner." For its part, The Guardian described the separation of the judiciary as a "political persecution" and the French Diaro Garzon termed "superjuez."

Garzón's future is not clear, and that the suspension would run until the Supreme Court, in which Garzon has opened two other cases against him, decides on the guilt or innocence of the judge . At the same time, the President of the CGPJ, Carlos Divar, has called an emergency meeting of the Standing Committee to study the request of a committee of special services by Garzon to move to the International Criminal Court Hague as adviser to the Office.

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