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Spanish Judge Indicted for Inquiry Into Franco-Era Abuses
MADRID - Baltasar Garzón, the Spanish judge who attained international fame for pursuing leaders like Augusto Pinochet of Chile and Silvio Berlusconi of Italy, was himself indicted Wednesday on charges of abusing his powers to investigate Spanish Civil War atrocities.
The charges against Mr. Garzón mark an extraordinary reversal for a prosecutor who has also spearheaded Spain's fight against political corruption and terrorism perpetrated by ETA, the militant Basque separatist group.
Mr. Garzón was indicted Wednesday by a fellow judge, Luciano Varela, on charges of overreaching his authority in October 2008, when he launched a politically sensitive investigation into tens of thousands of deaths and disappearances during Spain's Civil War and the ensuing dictatorship of Francisco Franco.
The controversy over his jurisdiction forced Mr. Garzón to abandon the investigation within a month, and instead hand over to local authorities the task of exhuming unidentified bodies from mass graves.
But legal action was still taken against him by a fringe far-right political group, Manos Limpias, or Clean Hands. It accuses Mr. Garzón of knowingly exceeding his legal purview, in particular by contravening a 1977 general amnesty that covered crimes perpetrated during the civil war.
Mr. Garzón has denied any wrongdoing and is expected to appeal. If found guilty, however, he could be suspended from the bench for up to 20 years, a sentence that could effectively end the career of the 54-year-old judge.
Mr. Garzón's own legal problems also stretch beyond his controversial civil war investigation, with two separate legal complaints filed against him - over personal funding allegedly received from a leading Spanish bank and over alleged illegal eavesdropping as part of a corruption investigation. Ironically, that investigation is now coming to a head, with prosecutors releasing this week evidence purported to show that several members of the opposition Popular Party were involved in a network of kickbacks and other illegal payments, including the former party treasurer Luis Barcenás.
By tackling the extremely sensitive issue of how modern Spain should come to terms with crimes committed during the civil war and the following four decades of Franco's regime, Mr. Garzón cemented his reputation as one of Spain's most polemic personalities, as well as one of its most ambitious judges.
Never one to shy away from politically charged issues, Mr. Garzón established his reputation as an international defender of human rights by making extensive use of Spain's doctrine of universal jurisdiction, which opens the door to prosecution within Spain of crimes committed outside the country.
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5 Comments so far
Show AllMay Garzon Prevail.
There is a good French movie called Butterfly depicting the relationship between a teacher and student just as the fascist killings begin. This is not a current movie.
Will it happen here?
Only our collectivism of a massive meme projected across a morphic resonant field can stop the cyclic return of the "reich"
"Butterfly" is not a current movie, but a really good movie. Also "Pan's Labrynth" and many other books and movies including "For Whom the Bell Tolls". These movies reflect something lasting from the Spanish experience with fascism. I am sure it varies, (there is still a right wing) but with movies like that, I wonder if the Spanish people will tolerate this move against the judge.
As you can see, I believe that culture is important. Ours, with its preponderance of noise, explosions and mindless violence, contributes to producing a mindset that can shoot at a unarmed people, kill them, and then laugh.
Joe
I agree. I was recently in Spain and found the whole atmosphere so different from here. People were relaxed, confident and cordial. I hope if you ever go to Spain, you get a little sick so you can experience their wonderful hospitals. (No kidding).
Even at the airport, people were not herded and humiliated. I saw a Muslim woman in traditional dress heatedly arguing with a security agent, and he mildly held his ground and did his job. No fuss. Here she would have been pulled aside and who knows what.
Joe