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Three judges denounced the "helplessness" of the victims of Franco
The judges voted against the closure of the criminal case.
Angel Vazquez - Madrid - 05/12 / 2008 00:32
The National Court on Thursday put an end to the first criminal case opened to investigate crimes Civil War and the Franco regime, but left a loophole: the Courts where they have found graves must decide whether to endorse the arguments of Baltasar Garzón and investigate those committed within their jurisdiction or, conversely, reject open a process.
The decision made public Thursday says the lack of competence Garzon to investigate Franco and void "all acts and subsequent resolutions, including the order of November 18, in which the judge himself was inhibited in favor of courts where such crimes took place, confined to graves have been found.
Legal sources said a public that has already submitted Garzón all the constraints necessary for the opening of mass unsolicited, so it will continue its course despite the decision of the Board, which in any case leaves open "competition, which would correspond to other courts." That is, will these courts which must decide whether to believe that Franco's crimes are crimes against humanity, inalienable and not subject to amnesty or not, as alleged by the prosecution in his writings.
Rebellion and "predeceased"
The car has been speaker of the president of the Criminal Division, Javier Gómez Bermúdez, not fit to resolve this issue and is limited only to establish that Garzon was not competent to investigate these crimes because the coup d'état against the Second Republic was a crime of rebellion, which is not the responsibility of the Audiencia Nacional. Garzón himself "recognizes" and in its order of October 16 "in referring to 'lift and armed insurrection' or adjectives to his players as' rebels', because 'rose or rebelled against the legitimate government," says decision of the Board.
addition to determining that the coup was a rebellion, not to frame the crimes against the nation's top agencies, as argued Garzon, the court states that the holder of the Central Court of Instruction No. 5 does not had opened a criminal case against the dictator Francisco Franco and 34 of his generals and ministers, because there never was a criminal case against these people, to "be all pre-death" when it initiated the proceedings.
Discrepancies in Room
The Garzon was not competent "does not entail the nullity of all proceedings", says the self in relation to requests for information to multiple agencies requested by the judge before its jurisdiction. But it was the Chamber of Criminal Matters which paralyzed the opening of new pits at the request of the prosecution. Yesterday the car was also reported in which this measure is justified in order to preserve "the right of victims to the process, avoiding loss of sources of evidence or traces that may arise from the invalidity of procedural measures taken by those who may not have competition. "
The two resolutions have two separate dissenting opinions. The Jose Ricardo de Prada, Clara Bayarri and Ramon Valcarcel Saez believes that the decision of the plenary on powers "have not been addressed, after years of silence and impunity taxes, the right of access to justice and effective protection of the rights of victims." If there were a denial of justice, it could determine the international responsibility of the English State and the judicial power is a state and is able to assume such responsibility, "he said in his vote, he warned that any country could investigate these crimes, as happened in one's audience with those committed in Chile and Argentina.
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Documents
Auto resolving competition
dissenting vote to the order of the Criminal Division
Concurring with most
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