Principal Editing Commences

While not as momentous as the news of Garzon posthumously prosecuting Franco, it bears mentioning that as of October 27th I have begun principal editing on the Remember Spain Video Series.  I have over 40 hours of footage in the can, and will be working on several storylines simultaneously.  I will begin posting them as they are completed.  Check back frequently for updates.

Cheers,

James

Judge Garzon Moves to Prosecute Franco War Crimes

Hi Everyone,

In my introduction to this site I ask “what justice can there be for crimes committed seventy years ago?”  There are nearly as many opinions on this question as there are individuals in Spain, but as a general rule they remain as opinions.  Official responses have traditionally been dampened by the Amensty Law of 1977 and the general ethos established by the Pact of Silence.  Until now. Those of you that have looked past the front page of the U.S. newspapers lately or have checked the foreign press will know what I’m referring to.  No?  Then have a look here  or here and come back when you are done.

Yes, Judge Baltasar Garzon has once again broken with convention and is gnawing at one of the hands that feeds him.  I’ve heard the occasional comment on the apparent hypocrisy of Judge Garzon being willing to prosecute foreigners on questions of crimes against humanity, but not his own countrymen.  At least as regards the Franco administration.  It was clearly not a question of concern for his safety as he gave that up long ago in his war against both ETA and the GAL dirty war, alienating both sides of that violent conflict.  He managed to stay alive and keep his job though that.  So, it looks like those comments may have been misguided and that, as has been suggested to me, he was merely biding his time and establishing appropriate precedent.

Regrettably, I’m painfully ignorant when it comes to Spanish law.  Still, I have to give some credit to Javier Zaragoza, the fiscal jefe who has questioned Garzon’s writ on at least three compelling principles.  The first is that the alleged crimes are protected under the 1977 Amnesty Law.  Second, that the legal code  of the Republic had no provision for crimes against humanity; and third, that the Audiencia Nacional is not competent to judge the crime of rebellion as this fell under the jurisdiction of the military at the time. 

Amnesty International and several other human rights organizations and Historical Memory associations agree with this stance and contend that Crimes Against Humanity laws can and should be applied retroactively.  So think many Spaniards.  While it is unclear what the outcome of this case will be, or even if it will proceed beyond the legal question of whether Garzon’s court is competent to pursue this matter, one thing is certain and that is that outstanding questions about the Civil War and the Franco era are not going away any time soon.

http://www.france24.com/20081016-judge-garzon-probe-franco-era-deaths-spain

http://news.bbc.co.uk/2/hi/europe/7679457.stm

Judge Orders Urgent Exhumations

Judge Baltasar Garzon, “el Superjuez” as some call him, recently ordered the urgent exhumation of 19 mass graves.  One of these is expected to contain the remains of famed poet Federico Garcia Lorca.  Much has been made during the buildup to this ruling over the question of what to do with the grave site of Federico Garcia Lorca.  Long an icon of the tragedies of the SCW and in particular of Francoist oppression, his resting site is really no different than that of many others.  Indeed, an estimated 114,000 by Garzon’s recent estimation remain “disappeared.”  Determining the whereabouts of these missing people implies the exhumation and identification of all known remains, and the hope of locating more gravesites along the way.  The decision to undertake such a process carries many assumptions. 

The first is that of a willingness, or at least acquiescence, on the part of relatives to have these remains exhumed.  For some, however, this is tantamount to profanity.  Such is the case for relatives such as Laura Garcia Lorca, niece of Federico.  In a reversal from her earlier decision to allow the exhumation, she was recently quoted as saying “we believe that there is no reason that justifies the perturbation of a cemetery or a place which holds the body not only of Federico Garcia Lorca but of lots of other dead people.”

And while this quest for the truth assumes that stepping on a few toes is okay, there is also a question of value.  At a time when the global economy is in straits and public funds will be strapped even for programs that assist those still living, does it make sense to spend what will no doubt be a vast sum on those long dead?  To be sure, this process will bring closure to some.  There is value in that.  But it is certain that the majority of those 114,000 missing souls will never be found, which raises the question of what proportion of discovery is the right proportion to justify this process.  ½?  ¼?  1/16?  Will identifying 7000 corpses and returning them to their relatives, few of whom will have ever know the deceased, justify the conflict, pain, and expense that this process entails?  I guess we’ll find out.

Some links to ponder:

http://www.nytimes.com/2008/10/17/world/europe/17spain.html?ref=world

http://www.timesonline.co.uk/tol/news/world/europe/article5014625.ece

 

Calendar Entries for November

Two new calendar items for your consideration:

 

On Nov 1 in San Francisco will be the the Anniversary of the Despedida, organized by the Abraham Lincoln Brigade Archives and sponsored by Casal del Nord.  More info here:

https://www.nycharities.org/event/event.asp?CE_ID=3116

 

And on Saturday November 8th will be the East Coast version of the event in NYC.  Check the ALBA calendar for more details and for other events, possibly in your area:

http://www.alba-valb.org/alba/index.php/community_calendar.php

 

 

On Nov 15th and 16th in Catalunya, Spain there will be two more events commemorating the 70th anniversary of the end of the Battle of the Ebro.  The first in Flix and the second in La Fatarella.  More info here:

http://www.loriuassociacio.blogspot.com/