On the Trial of Judge Garzon

Today Lawyers Rights Watch Canada, along with eight other human rights organizations, released a joint statement regarding the upcoming trial against Judge Baltasar Garzón in Spain for criminal malfeasance.

In May 2010, Judge Garzón was suspended by the Supreme Court as a result of an investigation into the charge of criminal malfeasance.  Malfeasance concerns misconduct in the administration of justice and sanctions judges for making unjust judicial decisions.  Judge Garzón is the only judge to have challenged the lack of accountability relating to the crimes committed during the Spanish Civil war and the subsequent Franco Regime.  In October 2008, he applied the principle that crimes against humanity cannot be subject to statutes of limitation or amnesty and authorized the investigation into the alleged disappearance, torture and execution of 114,266 persons, identified as victims, between 17 July 1936 and December 1951.  The joint statement, which is available in English and Spanish, comes as the court prepares to hear what has been termed the ‘historic memory’ case against Judge Garzón next week.  The signatory organizations stress the need for any criminal offence, such as that against malfeasance by judicial officers, to be applied cautiously so as not to undermine the independence of the judiciary and or to sanction a judge for following an accepted interpretation of international law.  The statement calls on the Spanish Supreme Court to act in accordance with the duty to guarantee the constitutional and international laws that defines its jurisdictional function with regard to the international obligations taken on by Spain.