Tech & Rights

International Justice Day – Not Much to Celebrate in Spain

The reform of Spanish courts' jurisdiction has closed the door of justice for victims of the most serious crimes. Victims of Franco’s dictatorship cannot seek justice in their own country or elsewhere, as the UN continues to urge reform of the Penal Code.

by Rights International Spain

Today, July 17, is International Justice Day, a celebration to recognize the emerging system of international criminal justice. This system of justice includes the exercise of universal jurisdiction by domestic courts with respect to serious crimes under international law, such as genocide, war crimes, enforced disappearances, torture and crimes against humanity.

Until very recently, Spain was considered to be in the vanguard in upholding international justice standards, having laws that respected international standards and made possible the ability of domestic courts to prosecute and punish almost any of the aforementioned crimes, regardless of where they were committed or the nationalities of the alleged perpetrators and victims. Over the years, universal jurisdiction has proven to be a crucial tool to fight against impunity.

But it seems that these cases damaged the diplomatic relations between Spain and other countries, so the universal jurisdiction system has undergone several reforms in recent years, culminating in the Law on Universal Jurisdiction. Passed in March with the exclusive support of the ruling party, this law restricts considerably the jurisdiction of the Spanish courts, effectively closing the door to justice for victims of international crimes.

All of this is happening while an Argentinian judge is investigating the crimes that took place during the dictatorship of Franco, as the Spanish courts have repeatedly denied victims access to justice and reparations. In fact, there are notable international crimes, like torture and enforced disappearances, which are not addressed in the current reform of Spain’s Penal Code. The United Nations has already stated on several occasions that current Spanish norms are not in line with treaty provisions, yet nothing is being done.

Despite these setbacks, we remain hopeful. We will persist in our endeavors to make International Justice Day a time to celebrate in Spain.

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