Garzón trial: the application of international law to the crimes of the Spanish Civil War and the Franco regime does not constitute criminal malfeasance

Garzón trial: the application of international law to the crimes of the Spanish Civil War and the Franco regime does not constitute criminal malfeasance

The ICJ and other human rights groups call on the Supreme Court of Spain to act in accordance with international law standards on the independence of the judiciary and accountability for international crimes. Judge Garzón is accused of criminal malfeasance for authorizing investigations into the alleged disappearance, torture and execution of more than 110.000 persons during the Spanish Civil War and the subsequent Franco’s regime. The trial against Judge Garzón will begin on 24 January 2012.

Spain-trial judge Garzón-press release-2012 (full text in English, PDF)

Spain-trial judge Garzón-press release-2012-SPA (full text in Spanish, PDF)

UN Human Rights Council: military jurisdiction inadequate for ensuring justice in Mexico

UN Human Rights Council: military jurisdiction inadequate for ensuring justice in Mexico

The ICJ and other human rights groups underscored the rejection by the international human rights bodies of the use of military prosecutors and courts in cases involving abuses against civilians in Mexico.

The organizations said that the jurisdiction of military courts should be limited to offenses that are strictly military in nature. It was pointed to the practices by the Mexican military prosecutors and courts that routinely investigate members of the military accused of committing human rights violations, which violate Mexico’s obligations under international law and appear to contravene Article 13 of Mexico’s Constitution.

Mexico-Joint Oral statement-non-legal submissions-2009 (full text, PDF)

USA: reinstituting military commissions wrong way out

USA: reinstituting military commissions wrong way out

“Reviving Military Commissions is a setback for the rule of law. It will entrench a fundamentally flawed system with some amendments and set a terrible precedent to the rest of the world.”

“We need a clear break with the past and the laws and policies grounded in the ill-conceived concept of a ‘war on terror’,” said Wilder Tayler, Acting ICJ Secretary General.

The comment comes as the US administration announced that it would revive the suspended military commission system to try certain detainees presently held in Guantánamo Bay.

According to this information the administration will introduce amendments to the Military Commission Act (MCA) 2006 increasing legal protections, including the prohibition of evidence obtained by torture and cruel, inhuman and degrading treatment and the introduction of greater choice of legal counsel.
United States-Reinstituting military commission wrong way out-Press releases-2009 (full text, PDF)

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