Spain: Garzon will investigate the Franco's repression and open Lorca's unmarked grave

The judge of the Audiencia Nacional, Baltasar Garzon, has now declared competent to investigate the disappearance of victims of Franco, being illegal disappearances within the context of crimes against humanity. Garzon also agreed to exhumate 19 identified graves, including the alleged Lorca's mass grave, "and all those that might result."

Exhumation in Galicia. AFP

The judge establishes in the order of 68 pages that the case is the responsibility of the National Court as people associated with high state institutions, including the dictator Francisco Franco Bahamonde and other 34 accused were involved in illegal disappearances, in the context of crimes against humanity. Garzon argues that this crime remains in time and still exists to this day since no reason has been given for the whereabouts of the missing. However, as all the 35 accused have died, the judge anticipates the extinction of criminal liability of perpetrators, which will mean that the case will go from the National Court to the corresponding territorial courts.

The order specifies that "the victorious side of the Civil War used their rights over the defeated and deployed all state action to locate, identify and redress of the victims of their side, not the same thing happened with the defeated who  were also persecuted, imprisoned, tortured and disappeared by those who had broken the law at the time by taking up arms against the state. "

It also calls for the Interior Ministry to identify the top leadership of the Falange since July 17, 1936 until December 3, 1951, and once identified, it will be agreed on whatever is necessary, or charging or extinction in the event of death, Efe reported.

The Prosecution has objected that Garzon is competent arguing that these crimes prescribed in 1977, with the approval of the Amnesty Law, and that at the time these events were considered common crimes of murder, illegal detention or injuries, according to the Criminal Code of the Republic.  In this regard Garzon argues that the crimes being investigated were included in "the category of prohibited acts by the 'ius in bello' (law of war) and were part of the category of crimes against the Laws and Customs of War and Laws of Humanity. " The judge also interprets that crimes against humanity are not covered by the Amnesty Act of 1977.

Garzon ensures in the order that the insurgents on July 18, 1936 "was beyond all legality and attacked the form of government (...) in a coordinated and conscious fashion, determined to finish the process of action with the Republic through the overthrow of the legitimate government of Spain, and by this give way to a preconceived plan that included the use of violence. " The judge stated in the order several written communicatios from the generals of the coup in which is called, for example to kill by weapon to all those who are opposed to the triumph of the so called Spanish Movement to Save Spain (Movimiento Salvador de España). In this way Garzon has extended investigations to members of the Board of National Defense (Junta Nacional de Defensa), who served from July 18, 1936, the members of the Technical Board of Spain (Junta Técnica del Estado Español), which replaced the previous one since Oct. 3, 1936 until Jan. 30 1938; and members of the first five governments headed by the dictator Franco until July 18 1951. In the order register civilian are asked to present death certificates for each of them.

Garzon began two years ago a preliminary investigation to see whether it had jurisdiction to investigate complaints of disappearances presented by 13 associations for the recovery of historical memory in different autonomous communities, the union General Labor Confederation (CGT) and various individuals, over the past two years. The judge received two weeks ago a digitalised and single listing to avoid duplication in which figures the names of 114,266 missing people.

(Source: El Pais Garzón investigará la represión franquista y abrirá la fosa de Lorca)

Translation: Linking Solidarity