No Comment — May 17, 2010, 10:45 am

Spain’s New Civil War

Spain’s judicial oversight body suspended Judge Baltasar Garzón as he prepares to stand trial on charges of disregarding the amnesty law shielding crimes of the Franco era from investigation. The Los Angeles Times offers a perfectly balanced assessment of the situation:

For years, conservatives in Spain bristled as their most famous magistrate, Baltasar Garzon, pushed the boundaries of international law against former Chilean dictator Gen. Augusto Pinochet and human rights abusers in other countries, but they were powerless to stop him. When Spain’s star judge turned his sights on Spanish Civil War atrocities, however, they joined forces with his many personal enemies and went after him, accusing him of opening old wounds and violating the country’s 1977 amnesty law. Last week, a Supreme Court judge decided to bring the case to trial, and the General Council of the Judiciary voted in an emergency session to suspend Garzon.

From the beginning, the case against Garzon has seemed to be motivated by political and personal vendettas, and the timing of these decisions is no exception. Early in the week, Garzon had asked Spanish authorities for a seven-month leave to work as a consultant to the International Criminal Court in The Hague, presumably as a face-saving measure to avoid the humiliation of a suspension. But on Wednesday, an investigating magistrate for the Supreme Court (and one of Garzon’s detractors) suddenly ordered Garzon to face trial for proceeding without jurisdiction on the Spanish Civil War cases, and the suspension followed on Friday. Such haste in a case that had been moving normally through the system since February has the whiff of malice; the decision was made even though the Spanish attorney general’s office still had questions about the case.

They conclude:

The vehemence with which Garzon’s inquiry was rejected is not surprising given the bloody history of the period, yet the legal action against Garzon is; it’s one thing for his superiors to disagree with his judgment in bringing the case or to determine that he is overreaching, but it is quite another to charge him with breaking the law for doing so. Whatever happens in the case against Garzon, it seems that Spain is going to have to probe that past and provide the families with answers. The political divisions that marked that dark chapter of Spanish history still seem to be in play.

The ironies of this case are enormous. Garzón is accused of disregarding his duties as a judge by investigating matters that for purely political reasons cannot be investigated. A judicial oversight body moves against him, showing at every turn a disdain for proper procedure and a desire to manipulate the process for political purposes. In the end, it is not Garzón but rather the judicial oversight body that emerges with its reputation in a tatters. Moreover, the entire affair serves to put the spotlight just where it belongs. The assumption that the horrors of Spain’s fascist past must remain forever covered up serves the interest of some political figures with a compromised past. But it is radically false and a grave contravention of the most fundamental precepts of justice. The truth must ultimately be known, and Garzón deserves credit for pressing the issue.

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

April 2015

Abolish High School

= Subscribers only.
Sign in here.
Subscribe here.

Beat Reporter

= Subscribers only.
Sign in here.
Subscribe here.

Going It Alone

= Subscribers only.
Sign in here.
Subscribe here.

Rotten Ice

= Subscribers only.
Sign in here.
Subscribe here.

Life After Guantánamo

= Subscribers only.
Sign in here.
Subscribe here.

The Joke

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

[Browsings]
Photograph by the author
Article
Rotten Ice·

= Subscribers only.
Sign in here.
Subscribe here.

“When I asked if we were going to die, he smiled and said, ‘Imaqa.’ Maybe.”
Photograph © Kari Medig
Article
Life After Guantánamo·

= Subscribers only.
Sign in here.
Subscribe here.

“I’ve seen the hell and I’m still in the beginning of my life.”
Illustration by Caroline Gamon
Article
Going It Alone·

= Subscribers only.
Sign in here.
Subscribe here.

“The call to solitude is universal. It requires no cloister walls and no administrative bureaucracy, only the commitment to sit down and still ourselves to our particular aloneness.”
Photograph by Richard Misrach
Article
No Slant to the Sun·

= Subscribers only.
Sign in here.
Subscribe here.

“She didn’t speak the language, beyond “¿cuánto?” and “demasiado,” but that didn’t stop her. She wanted things. She wanted life, new experiences, a change in the routine.”
Photograph © Stuart Franklin/Magnum Photos

Acreage of a Christian nudist colony under development in Florida:

240

Florida’s wildlife officials decided to remove the manatee, which has a mild taste that readily adapts to recipes for beef, from the state’s endangered-species list.

A 64-year-old mother and her 44-year-old son were arrested for running a gang that stole more than $100,000 worth of toothbrushes from Publix, Walmart, Walgreens, and CVS stores in Florida.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Driving Mr. Albert

By

He could be one of a million beach-bound, black-socked Florida retirees, not the man who, by some odd happenstance of life, possesses the brain of Albert Einstein — literally cut it out of the dead scientist's head.

Subscribe Today