viernes, 27 de julio de 2012

Baltazar Garzón's history

International
He waits sentence of the Supreme Tribunal of Spain
Baltazar Garzón's history
By: Carlos Damián February 10, 2012
The process for a made inquest according to the international right
México. - The case against judge Baltasar Garzón (BG), it was seen for sentence. In their right to exercise the shift of the last word, the magistrate, prevarication accused to investigate violations to the human rights during the period of Francisco Franco's dictatorship (FF), also called Franco’s era to this period that darkens the Spanish history as a bathroom of blood of the history. Judge BG, assured: "I can only say that my conscience is calm because I made the decisions that I believed adjusted to right to investigate, to pursue, and to sanction to who corresponded, for massive crimes of people's forced disappearance and illegal detentions. I believe that this is owed the victims so that the forgetfulness doesn't take place."

With the words of Garzón one of the most polemic processes closed and of more interest in the whole country, when being a case that deepens in the wound of the Civil War (1936-1939), the repression of Franco's Fascist régime (1939-1975), and the passivity of the Spanish justice to respond to the petitions of family of the victims. Judge BG, he has been the only character that investigated and he tried to put something of light on the whereabouts of the thousands of having buried in common graves and of the children stolen to their mothers by their ideology, he sat down in the stool of the accused for the supposed prevarication crime and of being opposing guilty it could be condemned to 20 years of disqualification and a millionaire fine.

False prevarication crime to stop the investigation
The magistrate was accused by the union ultra- right, Manos limpias, linked to sectors followers of Franco’s era. After listening during four days testimonies of victims and of relatives that so far continue fighting to bury their father, grandfather or shot brother worthily, he played the shift of speaking BG and their lawyers. The seven magistrates that integrate the room of the Tribunal Supremo listened what BG had already affirmed in its first appearance again: that in their performance there “was not prevarication", and he “always acted according to the law. My conscience is calm". He added that its investigation sought “to give protection to the victims in front of the criminal facts, that which you can differ, but we believe that it is defensible."

The lawyer of the ultra union, Joaquin Ruiz Infante, centered his intervention in ratifying his 20 year-old petition of disqualification, with the mud’s argument to stop the investigation, in which BG didn't also investigate hundred of execution perpetrated for republican in Paracuellos of the Jarama in November of 1936. To that which the lawyer of BG, Gonzalo Martínez - Fresneda (GMF), he responded: "the victims of Paracuellos they were identified, honest, they were repaired in the stocking of the possible thing, although there is not repair for a death, but they were reimbursed. in this place the opposite in fact happens. It is not sustained from the juridical point of view."

For lawyer GMF, “the spouses, the children, continue suffering a torture when not knowing what it passed their relatives and where the remains are". The fiscal Luis Navajas assured that BG dictated “incorrect and mistaken resolutions” but that “they were recoverable for the path of the resources, not of a quarrel for prevarication". He added that a condemnatory sentence “would have a devastating effect and it would attempt against the judicial independence". The case is seen for sentence and now it is only to wait the conclusion of the seven Spanish magistrates. The presenter of the sentence will be magistrate Andres Martinez Arrieta who will have the majority acceptance of the judges Carlos Granados (that presides over the view), Perfect Andres Ibañez, Julian Sanchez Melgar, Jose Ramon Soriano Soriano, Jose Manuel Maza Martin and Miguel Colmenero Menendez de Luarca.

Neither we forget neither pardon to the Spain’s dictator
"In my opinion, a condemnatory sentence would have a devastating effect", the fiscal Luis Navajas affirmed, when considering that it would be equal “to attempt against the principle of the independence of the Judicial Power", and he would make fear other judges similar actions for not following the general current. "It is lamentable that judge BG can be punished to have opened an on-line investigation with the obligations of Spain of investigating violations of the human rights of conformity with the principle of the international right", the special teller said about the independence of the magistrates and lawyers, Gabriela Knaul (GK), and the five independent experts of the Group of Work about the Forced or Involuntary Disappearances.

"The supposed errors in judicial decisions should not be reason for the removal of a judge, and less still, for the beginning of a penal process", the special teller observed. "The autonomy in the interpretation of the law is a fundamental element in the list of a judge and in the advance of the human rights", She underlined. "No judge should have fear to be independent in his functions", GK concluded.

Nevertheless the dark legacy that he left and of the impunity that enjoyed, FF didn't win the total darkness there are still people fighting to discover its grandsons, to its children stolen by its ideology, because its beings rest wanted in the sepulchre and not in a common grave, since offering its life for a republican Spain. In spite of the pain that they load, of the suffering they have not stopped to fight for the cause in which they believe and they continue being some warriors. The dictator could never give in them. It exemplifies it the moral defeat of the torturing one. (La Jornada, mundo, p. p. 23 - 25, 9 de Febrero, 2011).

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