An Argentine appeals court has reopened a probe into crimes committed in Spain under the Franco regime (1936-1977). Lawsuits had previously been filed by relatives of past crime victims.

The National Appeals Court in Argentina nullified a ruling earlier this year that blocked the lawsuits. The appeals court ordered a diplomatic request to Spain to find out if it is still investigating crimes against humanity under the Franco regime.

Amnesty Law
Last April, Argentine relatives of two Spaniards executed during the Spanish dictatorship filed lawsuits, asking for an investigation. The appeals court ruled that the plaintiffs had the right to demand a continued probe into whether Spain was still investigating crimes committed under Franco. In 1977, Spain issued an amnesty law covering these crimes.

Fabian Raimondo, assistant professor European and International Law at the University of Maastricht, told Radio Netherlands there is “no chance” that Spain’s Amnesty Law could thwart the proceedings by the Argentine court.

Obstacles
“The Amnesty Law, like any other Spanish law, doesn’t have extraterritorial effects. That means the Argentine court does not have the power to apply Spanish laws. The other way round, Spanish courts have tried Argentine cases which were covered by amnesty laws in Argentina.”

There is a chance, however, that Spain will not cooperate with the Argentine court. According to Mr. Raimondo, the Argentine court might face important obstacles as a result of which it might not be able to properly carry out its investigation. “For example, it might prove difficult to find out who held high-ranking positions during Franco’s government, and to obtain the necessary evidence.”

Politics
Mr. Raimondo said the lawsuits focus mainly on crimes committed in 1936, and he wondered how many of the Spanish perpetrators would still be alive today.

“Not many, I’d think. So one might think of political reasons instead. The lawsuit could have been filed in Argentina in order to prompt the competent Spanish authorities to launch an investigation themselves. National authorities are usually reluctant to let foreign institutions deal with what they may consider their own business.”

Balthasar Garzon
The Argentine lawsuits are based on the legal principle of "universal jurisdiction", which allows prosecution of crimes against humanity anywhere in the world.

The principle was introduced by Spanish judge Baltasar Garzon when he ordered the arrest of late Chilean dictator Augusto Pinochet in 1998. Garzon was suspended in Spain for pursuing crimes that were covered by the Amnesty Law.

His suspension motivated the lawsuits in Argentina. Garzon will not get a formal role in the Argentine investigation, Raimondo said. “He might offer advice in an informal way. But because of his suspension, he cannot answer any formal requests.”