It seems like a sector of Spanish society is not yet ready to open the Pandora ’s Box of crimes committed under the regime of General Francisco Franco.

By Laura Corvo in Madrid

In recent days, human rights organizations have expressed their revulsion against the trial opening Monday in Madrid and in which the renowned Judge Baltasar Garzon is presented—for the second time in two weeks--as the accused. Amnesty International and Human Rights Watch have highlighted that this is the first time in the EU that a magistrate is being judged for prosecuting international crimes.

But the issue goes far beyond the accusation brought against Garzón for alleged procedural irregularities in his investigation into crimes committed during the Spanish Civil War and the Franco dictatorship. There appears to be a section of Spanish society that is not willing to let the guilty be recognized. But what has been done in terms of transitional justice?

Until very recently, organizations working in recovering “historical memory” have had practically no voice. And they say that trying the only judge who has opened a formal investigation into the crimes of the dictatorship is “unfortunate.” On the other hand, they also say it is positive to finally make visible the powers that have left the Francoist legacy in this country.

“There has been no recognition of the victims and no prosecutions of those responsible,” says Emilio Silva, president of the Association for Regarding Historical Memory. But he says the newly-formed association The Community, an organization of former political prisoners fighting for recognition of past wrongs, hopes to change that. “They claim that the reality in this country is that many are unwilling to recognize that there are things that can´t be forgotten.”

Chato Galante is one of those ex-political prisoners and a member of The Community. "The thing to understand is that in this country, the Amnesty Law [of 1977] is a legal endpoint. Many officials in this country have continued to receive congratulations in the middle of a democratic society,” he says. “That is the fear in the social sector in recovering the memory ... [of more than] 40 years of Franco's dictatorship: there were casualties, but also executioners.”

Justice from abroad?

Argentina, a country where Garzon has worked tirelessly to end impunity for human rights violations committed during its own dictatorship, has already seen complaints filed in its courts concerning crimes under the Franco regime.

Carlos Slepoy, an Argentinean human rights lawyer, is one of the main promoters of the Spanish claims filed in the courts of Buenos Aires. "It seems important to emphasize that the prosecution in Argentina is a kind of return to the case opened in Spain by Judge Garzón, [who is] incredibly now on trial for investigating the crimes of Francoism,” he says. “What we are doing now is to apply the principle of universal justice, which states that given the nature of these crimes, [they] must be pursued in different parts of the world and judged."

Judge Garzón has received much recognition for his work in defending human rights and ending impunity for crimes committed under Latin America’s dictatorships. That Spain, Garzon’s own country, has not reached the same level of commitment as many of those countries has surprised—and even outraged--some in the international legal community.

It is estimated that the process starting in Madrid Tuesday, which will deal with preliminary issues, will last for at least 15 days. On January 31, Baltasar Garzon himself will make his opening statement. In addition, more than 20 witnesses from the defense associations of historical memory will have the opportunity to testify. If many in Spain are still not ready to let the guilty be recognized, they will at least be made to hear the innocent speak.