By Sovereign Hager
Impunity Watch Reporter, South America
BUENOS AIRES, Argentina-Human rights activists are supporting a lawsuit filed April 13, 2010 by two Argentine residents seeking a judicial inquiry into the deaths of their Spanish relatives during Spain’s civil war between Francisco Franco and the republican government from 1936-39. The plaintiffs are hoping to implement the principle of universal justice in genocide and crimes against humanity in the case. Commentators are calling the move a “turning of the tables,” as victims of Argentina’s Dirty War first sought justice through European Courts, which have convicted human rights abusers in absentia.
Argentines are especially incensed by the recent proceedings against Baltasar Garzón for trying to launch a judicial inquiry into Franco’s crimes in Spain. Garzón is known for his investigations into human rights abuses in Latin America, where he unsuccessfully sought the extradition of former Chilean dictator Augusto Pinochet. A prominent human rights lawyer told Earth Times that Garzón “did the most to pursue crimes committed by dictatorships. One Argentine plaintiff called the lack of Spanish response to the Franco crimes as “a kind of silence of accomplices.”
The Argentine plaintiffs are receiving support from numerous human rights associations their quest for investigations into whether any of those responsible for the deaths of their family members are still alive. Binusz Smukler, an Argentine human rights lawyer told the Spanish daily El Pais that “the idea is to widen the probe into a general investigation into Franco’s crimes.”
Garzón had success in Argentina citing principles of international law such as the inapplicability of the statute of limitations to crimes against humanity; that such crimes cannot be amnestied; and that universal jurisdiction is appropriate where crimes are not tried in the country where they were committed. Garzón’s probe into forced disappearances in Spain was not as successful, as most potential defendants were dead. However he transferred the investigation of mass graves and missing people to regional courts.
The regional courts have not moved forward with the case and Spain’s Supreme Court ruled that the case against Garzón for “overstepping his jurisdiction” could go ahead. Carlos Seploy, the lawyer representing the Argentine plaintiffs told Reuters that the suit intends to force Spain to produce a list of ministers and military leaders from the Franco era who are still alive, in the hopes that they can be put on trial.
Seploy called the suit “very auspicious for an Argentine tribunal in the same way that we applauded the fact that a Spanish tribunal looked into the crimes committed in the Americas.”
For more information, please see:
EarthTimes-Argentinians Want to Investigate Franco’s Crimes-15 April 2010
Reuters-Victims of Spain’s Franco Dictatorship Seek Justice in Argentina-15 April 2010
IPS-Franco Era Crimes Reach Courts in Argentina-14 April 2010
