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The International Commission of Jurists (ICJ) today expressed its concern at the criminal prosecution of Spanish Examining Magistrate Baltasar Garzón Real for his investigation into crimes against humanity committed during and after the Spanish Civil War (1936- 1939). Magistrate Garzón is being prosecuted before the Second Chamber (Criminal) of the Spanish Supreme Court for intentionally issuing an unjust judgment or ruling (the offence of prevaricación).

The case was initiated by a private complaint of the association Manos Limpias, later joined by the association Libertad e Identidad. On 26 May 2009, the Second Chamber of the Supreme Court admitted the complaint and began the criminal prosecution against Magistrate Garzón.

“International legal standards of judicial independence prohibit the criminal liability of judges for controversial or even unjust or incorrect decisions, which should be dealt with through disciplinary procedures”, said Róisín Pillay, ICJ Senior Legal Advisor for the Europe Programme. “Prosecutions of judges for professional acts constitute an inappropriate and unwarranted interference with the independence of the judicial process, contrary to Article 14 of the International Covenant on Civil and Political Rights, as well as Principles 4, 17 and 18 of the UN Basic Principles on the Independence of the Judiciary”, said Ms Pillay.

The ICJ considers this attempt to interfere with the judicial process of particular concern since it concerns an investigation into crimes against humanity, which Spain has an international law duty to investigate and prosecute. The ICJ recalls that, under international law, legislation punishing crimes against humanity may be applied retroactively (Article 15(2) ICCPR and Article 7(2) ECHR), that no Amnesty Law (notably the Spanish Amnesty Law of 1977) can hinder their investigation and prosecution, and that statutory limitations are not applicable to such crimes.

“The investigations of Magistrate Garzón into allegations of crimes against humanity do not amount to malpractice that could justify disciplinary action, let alone criminal prosecution” affirmed Róisín Pillay, “The ICJ has communicated this situation to the UN Special Rapporteur on the Independence of Judges and Lawyers and hopes that these charges against Magistrate Garzón will be dismissed”.

For further information contact Róisín Pillay on + 41 22 979 3830 or roisin.pillay@icj.org and Massimo Frigo on +41 22 979 3805 or massimo.frigo@icj.org