Six judges say to stop the exhumations has created a ...
The Confidential -
Six judges say to stop the exhumations has created an absurd situation
EFE - 04.12.2008 18: 05 Madrid.
Six judges of the criminal division of the High Court considered that the decision of this body to stop the exhumations of disappeared during the Civil War and the Franco ordered by Judge Baltasar Garzon "has created a situation difficult to explain, verging on the absurd. "
In a dissenting to the order in which the Board rejected the appeal against the decision of a granddaughter of the Prime Minister of the Second Republic, Juan Negrin, the judges on the floor of November 7 opposed to paralyze the opening of mass recall that, in practice, follow the exhumations in Spain, but precisely those agreed by Garzon.
"In Spain, for eighteen years, victims and associations to protect their interests are opening graves, exhuming the remains of missing (still shamefully buried) and identifying them with the help of professionals in forensic medicine, forensic anthropology, biology and history, "according to these judges.
The dissenting opinion points out that following the adoption of the Law of Historical Memory "this activity is funded public "and that after the National Court ordered the exhumations stop" continue to open graves and exhuming remains in several places, except in those locations to the central court (Garzon) had judicialized.
The judges added, moreover, the opening of these graves has been paralyzed "sine die", since the decision of the plenary of the criminal division of the November 18 declaring the incompetence of Garzón to investigate "differs from the lifting of the order without date" .
The six judges, Teresa Palacios, Manuela Fernández Prado, Javier Martínez Lázaro, José Ricardo de Prada, Clara Bayarri and Ramón Sáez-say also that, contrary to what claimed most of the room to justify its decision, there was no danger that the measures ordered by Garzon became "invalid" if that happened then as well, was declared incompetent.
"Without risk, the invalidity proceedings had not been requested by the Attorney-can never adopted a cautious," they said the judges, adding that "the absence of danger to which care has created a situation difficult to explain, bordering on absurd. "
Meanwhile, the order in which the Board rejected the appeal of the granddaughter of Negrin insists that have paralyzed the exhumations "preserves the right of victims the process, avoiding the loss of sources of evidence or remains and pieces of evidence which might arise from the invalidity of procedural measures taken by anyone who could be no competition. "EFE
jav / JMI
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The High Court said that the search for missing in ...
The National Court said the search of disappeared during the Franco is recognized by law
EFE Updated 12/04/2008 19:27 Madrid .-
CET
The Plenum of the Criminal Division of the High Court noted that "the legitimate right of civil war victims and dictatorship "to recover the remains of their missing is recognized in the Law of Historical Memory, so the lack of jurisdiction of this court does not affect the search.
This is reflected in sixteen of the eighteen judges constituting the Full in the order in which the jurisdiction estimate the incident raised by the chief prosecutor Javier Zaragoza High Court against the decision that Judge Baltasar Garzón adopted on 16 October that it had jurisdiction to investigate the disappearances in the war and Franco.
The Criminal Division has notified ahead today after the ruling on Nov. 28, although even then was neutralized Garzón the effect of this decision to decline jurisdiction in favor of the courts in which the graves were located after certifying that all those responsible for the Franco regime which could be attributed the disappearances had died.
Alongside this car, the judges José Ricardo de Prada, Clara Bayarri and Ramón Sáez have issued a dissenting, holding that the Court has jurisdiction because the acts of state terrorism, while the judge has issued Javier Martínez Lázaro a concurring with the majority decision in which he introduces some nuances.
In Full Auto, which has lectured the president of the Criminal Division, Javier Gómez Bermúdez, the sixteen judges who sign explains that the dismissal Garzón competition are canceled orders of 16 October and 18 November.
In this regard, the High Court sources have pointed to Efe that invalidity is limited to two cars and does not affect the proceedings in which Garzon has agreed to refer this case to some of the courts in which the graves are that have been ordered to open, if they are deemed competent to do so.
In contrast, after the notice of this order, according to those sources, Garzon can no longer refer the case to more courts be asked Historical Memory associations that have promoted this research.
The House stands out in its order that "this resolution does not affect the legitimate rights of victims of civil war-all-and the dictatorship of General Franco to recover the remains of their loved ones, dignify and honor their memory, recognized" in the Law of Historical Memory.
In his view, Garzon could never have jurisdiction to this research, among other reasons, because "the criminal responsibility of persons suspected to be unenforceable" because they are dead.
Garzón also indicated that it had jurisdiction to investigate the existence of "the alleged crimes against senior government agencies" and "in the list of crimes whose knowledge "is credited to the National Court is not the offense.
Judges also believe that" the military uprising of 17 and 18 July 1936 that triggered the civil war "was really establishing" a crime of rebellion "as well" recognizes "Garzón referring to" military revolt or rebellion, but this offense has not been "never" competition of the National Court. "
For its part, the three judges who issued the dissenting ensure that competition could have been declared National Court on several grounds, including that the facts constitute state terrorism, crimes against humanity committed by the armed group and that "some of the crimes of enforced disappearance of children of the defenders of the Republic" took place outside Spain.
think why for the courts to restore these individuals' dignity, so often denied until now "and consider that a body declared incompetent" can not automatically cause the annulment of the proceedings. " _
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