Attorney Helen Duffy of the NGO Human Rights in Practice – the international representative of Baltasar Garzon – received the report of the follow-up mechanism of the UN Commission on Human Rights, which concluded that Spain had failed to comply with a decision the commission said in Garzon v. Spain.
In its August 2021 resolution, the UN Human Rights Council found multiple human rights violations in Baltasar Garzon, as a result of his violations.Dismissal and arbitrary prosecution due to his judicial interpretations of the Franco and Gortel cases related to the investigation of crimes against humanity and corruption at a high level.
Compensation for the judge
The UN body decided at the time, clearly and forcefully, that Spain should make “full compensation” to the judge of the national court, and asked the Spanish government to report back on actions taken in this regard within a period of 180 days.
after two years, Spain has shown complete disregard for the authority of the Human Rights Committee and the binding international obligations that it has by acceding to the International Covenant on Civil and Political Rights. Indeed, your belated responses to the committee did not indicate any meaningful steps to provide the required “comprehensive relief”.
According to international law, in the face of persecution such as that of Balthasar Garzon, LStates must provide redress, restitution, compensation and “guarantees of non-recurrence” to ensure that such cases do not arise in the future.. In such a case, this translates into acknowledging damages, “erasing” unjustified criminal records, and undertaking necessary legal and judicial reform to protect the independence of the judiciary. As some members of the UN commission pointed out in the 2021 resolution, compensation also implies reinstatement or reinstatement of the victim to her former judicial role.
Spain does not comply
The fact that Spain had not yet taken any of the necessary measures led to a new condemnation decision by the monitoring mechanism of the UN commission, to which the Spanish government’s response regarding compensation and erasure of the criminal record of Tazar Garzón was: “He does not.” Do not implement the recommendation.
With regard to the broader measures needed to ensure non-recurrence, the Committee claims this “The state’s response contradicts or rejects the recommendation of the United Nations.”.
Balthazar Garzon does not give up
Baltasar Garzón had asked the Spanish Ministry of Justice that the Government comply with the opinion of the Committee and again denounced the same before that Committee which now again gave him reason and demonstrated Spain’s non-compliance with the decision to which it was bound, under the Covenant on Civil and Political Rights and the Protocol thereto ratified by the State.
This resolution of the UN Special Rapporteur on Monitoring, which also condemns the non-compliance of other countries such as Angola, Kyrgyzstan, Kazakhstan and Ukraine, It indicates that it will continue to try to engage with the Spanish government to ensure full implementation in a serious case in which Judge Baltazar Garzón lost his career.
Baltasar Garzón will continue to demand that the Spanish government comply with the opinion of the commission which established that the sentence handed down against him for the investigation of the Gortel case was partial and arbitrary.