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Kerry Kennedy

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Baltasar Garzon, Champion of Human Rights

Posted: 02/11/2012 4:08 pm

RFK Speak Truth to Power Human Rights Defender Baltasar Garzon has made a career of fighting against the thugs of the world -- organized crime, terrorists, drug lords, death squads and perpetrators of crimes against humanity. In October 1988, he inspired a generation of human rights defenders when he indicted General Augusto Pinochet, who was responsible for over 3,000 deaths or disappearances in Chile and tens of thousands of cases of torture, according to truth commission reports. Garzon's actions changed history, and today, dictators everywhere are becoming aware of what is often called the Pinochet Precedent: the possibility that they will be prosecuted for crimes committed in the past. More recently, Judge Garzon has sought to reveal the fate of thousands of victims of torture, extrajudicial killings, and disappearances that were widespread during the Spanish Civil War, again sparking controversy and earning the enmity of powerful people in Spain who do not want the details of the past revealed.

Today those powers finally got their way.

Garzon is defending himself against a fuselage of prosecutions, centering on reprisals against him for pursuing the crimes of the Franco era dictatorship. He stands accused of violating a 1977 amnesty law which pardoned the crimes of the Franco era to probe the disappearance of 114,000 people during the Spanish Civil war and ensuing fascist dictatorship.

Yesterday, the powers that be came up with another accusation. In a unanimous ruling that is not subject to appeal, a panel of Supreme Court judges said Garzon would be suspended from the legal profession for 11 years and would permanently lose his current position as judge after convicting him of wiretapping lawyers suspected of laundering money for clients who were in prison. In a third case they accuse him of even more criminal activity, activity which is completely inconsistent with the way this hero of human rights has lived his life.

I had the honor to interview Judge Garzon while writing Speak Truth to Power, Human Rights Defenders Who Are Changing Our World. We met again several years later when he used his clout to condemn the slaughter of tens of thousands of women in Mexico. A few years later we travelled on a delegation to Colombia where I witnessed this champion of justice stand up to a dozen generals -- probing, interrogating, demanding and winning concessions on stopping abuse against human rights defenders.

Judge Garzon has courageously sought accountability for atrocities around the world. His conviction in the wake of his pursuit of justice for the murdered and the disappeared should be a warning to all who care about human rights.

Kerry Kennedy is the president of the Robert F. Kennedy Center for Justice and Human Rights.

 
RFK Speak Truth to Power Human Rights Defender Baltasar Garzon has made a career of fighting against the thugs of the world -- organized crime, terrorists, drug lords, death squads and perpetrators o...
RFK Speak Truth to Power Human Rights Defender Baltasar Garzon has made a career of fighting against the thugs of the world -- organized crime, terrorists, drug lords, death squads and perpetrators o...
 
 
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12:29 PM on 02/16/2012
I do not know anything about this case that is not in this article and I have no agenda.

"Garzon is defending himself against a fuselage of prosecutions..."

I believe you meant fusillade: A rapid outburst or barrage. A fuselage is part of an airplane.

"He stands accused of violating a 1977 amnesty law which pardoned the crimes of the Franco era to probe the disappearance of 114,000 people during the Spanish Civil war and ensuing fascist dictatorship."

If he did, then he is guilty, authorities often make deals to get information. While distasteful it is often the only way to find answers and if such deals can not be made then many crimes wil be forever unsolved. One can not reasonably alter a deal after it has been done. The amnesty means the crimes are now a historical matter, not a judicial one.

"...Garzon would be suspended from the legal profession for 11 years and would permanently lose his current position as judge after convicting him of wiretapping lawyers suspected of laundering money for clients who were in prison."

If they were illegal wiretaps then the punishment is soft. A Judge that violates the law is corrupt, he taints the system and undermines it's moral authority, that is worthy of prison. In the search for justice, the ends can not justify the means. Didn't we just go over this with the torture debate? Such rationalizing would excuse the Inquisition (yes, I know it's an extreme comparison).
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Nighthawlk
11:42 PM on 02/12/2012
He shouln't even be a JUDGE. He can be a private citizen and persue his dreams, but not as a Judge in the United States. This alone disqualifies him from judgship.
06:28 PM on 02/12/2012
Good riddance, to him and to the concept of "universal jurisdiction." No nation that plays any significant role in World affairs can be sad to see him go. Let the Spanish prosecute those who violate Spanish law.
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Lifer2006
11:54 PM on 02/12/2012
I disagree with you, entirely.
" No nation that plays any significan­t role in World affairs can be sad to see him go"....yes, you are right. Countries like the US do not want it's war crimes exposed. That's why this man is a true champion of the people.
12:05 AM on 02/14/2012
What "people"??? This man is a supporter of supranational institutions supplanting those of nation states, including democratically governed nation states like the U.S. and Spain. He is a champion of no people, nowhere.
09:14 AM on 02/13/2012
IOW you defend the "right" of powerful nations to abuse others.
11:16 PM on 02/13/2012
I defend the right of the U.S. to determine what it will, and will not, do in the world. This is still a world of nation states, and no amount of NGOs, international corporations, and supra-national officials will change that.
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09:47 AM on 02/12/2012
In Spain Justice has lost its blindness.
08:11 AM on 02/12/2012
Ms. Kerry should read more about the issue with Garzon in Spain. In order to close a dark chapter in Spanish history, after Francos death, all political parties agreed to bury the hatchet. To let the people close the book. They decided not to bring forth any issues relating to the civil war. With this, Spain, divided almost in half, would have the opportunity for closure, and continue on its way to democracy. Garzon, on his own, went back on these accords. He is a victim of his own petulance. To bring up issues that the Spanish society had agreed to bury in order to continue it's road to recovery, had it's price. To bring accusations more than 60 years old, when more important issues are at stake, is not only stupid, but, unrealistic. His fame, overwhelmed him. Let him pay.
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09:46 AM on 02/12/2012
By international laws, amnesty on crimes against humanity is not acceptable. It can be appealed in court.
06:32 PM on 02/12/2012
Nonsense. It is for Spain to decide whether to grant an amnesty or not. No other nations have a say in it.

Honestly, the way of of you prattle on about international "law" is a joke. International law is fine for commercial disputes, and for matters which nation states have agreed to submit to decision by neutral tribunals. But international "law" has nothing to say about internal matters such as this.
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Lifer2006
11:55 PM on 02/12/2012
Let's hope, none of those victims we're relatives of yours.
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12:10 AM on 02/12/2012
What a shame!! Seems like good doesn't last too long!
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pmorlan
10:22 PM on 02/11/2012
Garzon also tried to hold the US accountable for their torture. Wikileaks cables revealed how the US pressured the Spanish government to interfere with Garzon's case.

http://ccrjustice.org/newsroom/press-releases/complaint-filed-u.n.-special-rapporteur-alleges-interference-spanish-judicial-process
06:33 PM on 02/12/2012
And a good thing, too. It is for us to determine whether our government acted illegally. The Spanish have nothing to say about it, nor anyone else.
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Lifer2006
11:57 PM on 02/12/2012
Wow. Pretty delusional, to say the least.
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pmorlan
05:16 AM on 02/13/2012
And how is that investigation going? lol I hate to burst your bubble but the US has no plans to investigate, much less prosecute our home grown torturers. Our President told us that we need to look forward not backwards because it was politically expedient for him. By the way human rights concerns everyone. It's not reserved only for the US and that's a good thing because our record on human rights since 911 has deteriorated greatly.
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Katherine Schock
Over the hill,liberal,organic gardener
09:27 PM on 02/11/2012
Thank you for this informative post, Ms. Kennedy! It is a sad day when a great man, Baltasar Garzon, who was trying to get long denied justice for the victims of Franco, becomes just another victim of that regime. It is an even darker day when the powers that be deny truth that sorely needs to be told! I have been following this story and hope that Judge Garzon, despite the ruling to take away his rights, finds some way to continue his investigation of that horrible time in Spain's history!
08:56 PM on 02/11/2012
Wiretapping conversations between lawyers and their clients seems like a pretty heinous abuse of power.
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unfoxworthy
We:ScottOlsens,the misfits,out to change the world
11:50 PM on 02/11/2012
Been around long?
Your govt does it to you every day.
Hello? HELLO?
01:50 PM on 02/12/2012
I would love to see illegal wiretappers in my government brought to justice as well.
10:47 AM on 02/13/2012
He was accused of it, but no proof was produced. What are you Yanks scared of? Maybe we'll come after you sometime because of Vietnam, Chile, Grenada etc. etc. etc.
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flacon
08:40 PM on 02/11/2012
The question is; Is he in a faithful spousal relationship? If he is, wouldn't we agree his other problems would resolve? I'm sure Ms Kennedy would agree.
08:39 PM on 02/12/2012
I assume this is a personal swipe at the author which has absolutely nothing to do with the subject of the article.
08:33 PM on 02/11/2012
I am deeply saddened by the fate of Judge Baltasar Garzon. Whether or not he may have technically violated the law I do not know. What I do know is the elites in all the OECD countries are not willing to let any individual dig too deeply into anything that may affect their ability to maintain their privilege. They will pay lip service to Democracy, human rights and social justice, but if their exercise gets really close to unravelling the skeins that support what is effectively a widespread form of crony capitalism and complicity in inherited Plutocracy they will not tolerate it for long. The judge had a pretty good run but he surely must have known with all the links between leadership in the OECD and the various dictatorial and criminal elements around the world that he was straying too far into forbidden territory. I wish him well and I hope he finds another venue to apply his courage and integrity. As a patrician and person who has challenged my own peers on several occasions, I can tell you that no individual can do that successfully unless there is a real crisis and you have significant financial resources and political support. Since I suspect the judge had neither he was doomed. I am grateful he is still alive. A lot of people with his brand of integrity and bravery are not.
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Sheldon archer
Facebook name is Yuyun Archer
07:31 PM on 02/11/2012
The US government, while huffing and puffing about human rights, will not do a thing as Baltasar Garzon doesn't have any oil.
06:35 PM on 02/12/2012
Are you kidding? The US government, and any government that plays a significant role in world affairs, is delighted he has lost his post. Good riddance to him.
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Sheldon archer
Facebook name is Yuyun Archer
11:23 PM on 02/12/2012
The US is one of the biggest offenders of human rights
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Lifer2006
12:01 AM on 02/13/2012
You mean..(.".that plays a significan­t role in world affairs".)...any government that commits war crimes, right?
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intotheabyss
Imperialism is a form of insanity.
05:45 PM on 02/11/2012
The global 1% fascists are doing everything in their power to undermine human rights and civil liberties. We the 99% must be prepared to stand up to this cabal of self appointed over lords who profit from the misery of others and will force us all into servitude if we don't stop them.