EL NYT es, sino el primero, uno de los períódicos de más prestigio del mundo. Su posicionamiento contra la admisión a trámite, y luego a juicio oral, de la querella de dos organizaciones declaradamente fascistas contra el Juez Garzón por haber abierto una causa al franquismo es muy significativo de sectores muy ponderados de la opinión internacional.
No acostumbro a reproducir textos en este blog, y aún menos en lengua extranjera, pero creo que el original íntegro inglés de ese editorial merece la excepción, la difusión y el homenaje.
Truth on Trial in Spain
Published: February 4, 2012
Terrible crimes were committed during and after Spain’s 1936-39 civil war that no court has yet examined or judged. No one knows how many people were taken away, tortured and murdered. Now, one of Spain’s top investigating magistrates, Baltasar Garzón, is on trial for daring to open an inquiry into those atrocities.
Baltasar Garzon Related in Opinion Op-Ed Contributor: A Judge in the Dock
(January 26, 2012)
Spain is now a vibrant democracy, but Judge Garzón’s trial, which opened last week, is a disturbing echo of the Franco era’s totalitarian thinking. He faces criminal charges that could suspend him from the bench for 20 years for defying an amnesty enacted in 1977 to smooth the transition to democracy. He rightly counters that under international law, there can be no amnesty for crimes against humanity and that unsolved disappearances — thousands of mass graves are unopened — constitute a continuing crime.
In 2008, Judge Garzón briefly began an official inquiry, ordering the opening of 19 mass graves and symbolically indicting Gen. Francisco Franco and several former officials, none still alive, for the disappearance of more than 100,000 people. An appellate court shut the inquiry down. The next year, two far-right groups brought criminal charges against the judge for defying the amnesty law. The government’s prosecutor argued that no crime had been committed, but the Supreme Court accepted the case.
Separately, Judge Garzón faces criminal charges for rulings in two other politically charged cases. We cannot judge the merits of these. But criminal prosecution of magistrates for their rulings is rare in Spain, and could chill judicial independence.
Judge Garzón became famous for his prosecutions of Basque terrorists, Argentine torturers, Chile’s former dictator, Gen. Augusto Pinochet, and Spanish politicians. His powerful enemies now see a chance to end his career.
Judge Garzón is undeniably flamboyant and at times overreaches, but prosecuting him for digging into Franco-era crimes is an offense against justice and history. The Spanish Supreme Court never should have accepted this case. Now it must acquit him.