Judges of the Supreme Court, Criminal chamber

General Prosecutor of the State Cándido Conde-Pumpido Tourón

[(As jurists, lawyers, judges, academics and human rights defenders of different nationalities signing below, we are writing to you in order to express our perplexity regarding the decision on 3 February 2010 of the Investigative Judge of the Second Chamber of the Supreme Court in the special case Nº: 20048/2009. The judge decided to continue the judicial investigation against Justice Baltasar Garzón, allegedly responsible of the offence of judicial prevarication [1].)]

The criminal complaint was filed against Justice Garzón for trying to fulfill the obligation of the Spanish State to investigate crimes against humanity committed during Franco’s dictatorship, in particular enforced disappearances. He is allegedly responsible of disregarding the 1977 Amnesty Law, of violating the principle of non retroactivity of criminal law and the principle of legality and prescription of criminal action.

On 31 October 2008, the United Nations Human Rights Committee has expressed its concerns about the existing obstacles that Spanish victims have been fighting against in order to obtain truth, justice and reparation. The Committee has also called Spanish authorities to take the necessary measures to nullify the 1977 Amnesty Law and to guarantee the imperceptibility of crimes against humanity. Moreover, the Committee has asked the Government to create an independent commission to determine the historic truth about human right violations which took place during the Civil War and Franco’s regime, and that will guarantee the localisation, exhumation and identification of the victims’ remains, and its restitution to their families.

[...]

We would also like to express our recognition of Justice Baltasar Garzón’s work in favour of victims’ rights to truth, justice and reparation, not only in Spain but beyond Spanish borders. He became thereby a very important defender and promoter of international criminal law in the past years, enjoying now a well-earned worldwide recognition.

We hope that you can reverse Francisco Quevedo’s maxim “where there is little justice, it is dangerous to be right”, and contribute to have in Spain a lot of justice and a lot of reason, allowing the rights of victims and their families to be fully respected. We also call you to support judges like Baltasar Garzón, in their actions that enable Spain to fulfill its obligations under international human rights law, and that contribute to the well being of Spanish people but also of the humanity as a whole.

Respectfully yours.

Source and full writting:

International Federation for Human Rights (IFDH)

Complete PDF text

See too:
Solidarity with Justice Baltasar Garzón (FIDH)