Spain : legislative amendment will block war crimes justice

A proposed amendment to Spain's universal jurisdiction legislation may mean - if passed by the Government - that Spanish courts will no longer be able to investigate and bring to trial perpetrators of international war crimes or those accused of crimes against humanity.

In the absence of a universally ratified International Criminal Court, Spain is one of the few places in the world where victims of human rights abuses and war crimes can have their cases heard, but the proposed changes to Spanish legislation (currently being rushed through parliament) threaten the mechanisms whereby those who commit war crimes can be held to account.

International organisations like The Palestinian Centre for Human Rights (PCHR) are urging people in Europe, ahead of the European elections (4th to 7th June 2009) to write to their candidate Members of the European Parliament (MEP) and the High Representative for the Common Foreign and Security Policy, Secretary-General of the Council of the European Union to urge them to prevent the amendment from being passed. The PCHR say:

«This is not just a Spanish issue. It affects us all on the basis of our shared humanity, and our belief in universal human rights. I ask you to speak out on behalf of victims, those whose voice is lost in international politics, and who suffer at the hands of oppressive regimes.

»PCHR is currently pursuing a war crimes case before the Spanish Courts. This case relates to the al-Daraj targeted assassination of 2002, in which 14 civilians were killed and 150 injured. 8 apartment buildings were completely destroyed in the attack, and 30 others damaged."

Last week it was reported that prosecutors have asked the Spanish High Court to issue international arrest warrants for 3 Nazi war criminals, so that they can stand trial for crimes committed against citizens in the Mauthausen, Sachsenhausen and Flossenburg concentration camps during the war. The Spanish courts have the power to do this and put these persons on trial, because of the principle of universal jurisdiction, which Spain can apply without limitation. In October 2008, Chilean Dictator Augusto Pinochet was arrested in London by the Spanish courts, marking the first time that a former head of government was arrested under this principle.

The reason why the proposed amendment is trying to be rushed through parliament can only be speculated upon, but it is undoubtedly political. Cases currently being pursued in Spain relate to abuses committed by the United States, China, and Israel - nations whose power and influence prevent international investigation, but whose influence is hugely influential on the international stage. However, the real reasons for the amendment may in fact be closer to home.

The investigation by internationally acclaimed Spanish Judge, Baltasar Garson into crimes against people during the Spanish civil war (1936 – 1939), is especially unwelcome by the Spanish right and could well see arrests made of some high profile politicos. The Spanish right wing has already instigated proceedings against Baltazar and has accused him of professional misconduct, an accusation that was supported by another Judge this week with right wing leanings.

It seems that the Spanish right will stop at nothing to make sure that its past atrocities are forgotten and that those responsible are remembered or held without any criminal blemish, which is another good reason why the call from the PCHR should be supported by all.

Links:

Javier Solana - High Representative for the Common Foreign and Security Policy, Secretary-General of the Council of the European Union. Contact person, Mr. christian Jouret: christian.jouret@...

If you live in the UK, you can locate your MP and MEP on www.writetothem.com by entering your postcode.

For Europe, you can find email addresses for your Member of the European Parliament at: (voir le site)

Please feel free to personalize the letter slightly, as this will have more impact. However, we ask you to keep your letters polite, friendly and persuasive.

To read more about universal jurisdiction, please visit: (voir le site)

PCHR (voir le site)

J B Moffatt Director of Information Celtic League

03/06/09