history has judged so the courts should not?
On the morning of Sunday 19 October I´d posted the below blog entry. It is now the early hours of 22 October, and more-or-less daily there have been follow-up media reports. It is with this in mind, that I would like to add (some links to articles and opinion pieces that have appeared. I leave my original post below (at the bottom) intact.Some Spanish-language sources:
- Josep Ramoneda opinion piece on the matter: Garzón, la derecha y el franquismo (21 Oct) (SPN)
- Report on the Group of Experts nominated to assist Garzón in locating and identifying victim remains: Cuatro historiadores y un forense (21 Oct)(SPN)
- The Attorney General´s response: El fiscal acusa a Garzón de crear "una inquisición" en su causa sobre la Memoria (20 Oct)(SPN)
- An article in anticipation of the Attorney General´s response to Garzón: El fiscal cree que las atrocidades del franquismo fueron delitos comunes (20 Oct)(SPN)
Some English-language sources:
- Giles Tremlett on Baltasar Garzón: Don Quixote - or a superhero? (19 Oct)(ENG)
- Giles Tremlett: Franco repression ruled as a crime against humanity (17 Oct)(ENG)
- Of related interest, although Spain is not mentioned at all, is a recent article by Timothy Garton Ash, titled "The freedom of historical debate is under attack by the memory police" and bylined "Well-intentioned laws that prescribe how we remember terrible events are foolish, unworkable and counter-productive". (16 Oct)
"Let me be clear. I believe it is very important that nations, states, peoples and other groups (not to mention individuals) should face up, solemnly and publicly, to the bad things done by them or in their name. The West German leader Willy Brandt falling silently to his knees in Warsaw before a monument to the victims and heroes of the Warsaw Ghetto is, for me, one of the noblest images of postwar European history. For people to face up to these things, they have to know about them in the first place. So these subjects must be taught in schools as well as publicly commemorated. But before they are taught, they must be researched. The evidence must be uncovered, checked and sifted, and various possible interpretations tested against it."
My original posting of 19-Oct-2008:
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This write-up is a response to the article titled <<Zapatero: "El franquismo está ya juzgado por la historia">> (Zapatero: "Francoism has already been judged by history.")
Spanish President José Luís Rodriguez Zapatero responded in this way, when asked to opine on the recent initiative undertaken by Judge Balthasar Garzón vis-a-vis prosecution for atrocities committed not only during the Spanish Civil War of 1936-1939, but also those committed in the Spanish post-war (posguerra) period. (The Spanish postwar period should not be confused with the WWII postwar period. In some ways they sit quite separate.)
Zapatero´s response above suggests that since history has already exercised judgement, that this is where the buck stops. This is incorrect, and here´s why:
Garzón´s claims that what ocurred had been human rights abuses and therefore outside the scope of the 1977 amnesty seem entirely correct. Spain cannot for much longer hold itself up as the champion of human rights (e,g, the pursuit of Pinochet) without having a look in their own backyard. To continue to avoid dealing with the domestic matter is absurd. Further, the international (human rights) climate has changed in such a way that it is ripe for this kind of judicial judgment to be made/exercised/invoked. And given the timeline if we compare other atrocities the world over that have happened _after_ the Spanish Civil War and that have already been judged, Spain simply cannot afford to "look the other way" anymore. I feel that the international community is looking to Spain to clean up this blight on its human rights record. Yes, history _has_ judged. But any State that professes the virtues of the Rule of Law, cannot but make that this judgement also be a legal matter.
See also this English-language write-up of some days ago: http://www.independent.co.uk/news/world/europe/victims-of-spanish-civil-war-to-be-exhumed-964423.html
Labels: civil war, derechos humanos, guerra civil, human rights abuses, spain
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