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/

July 29, 2008 – Synergy vs. Difference

Tuesday, July 29, 2008

This weekend I visited the Valley of the Ebro to attend a series of events commemorating the 70th anniversary of the start of the Battle of the Ebro.  The battle itself was a brutal 115 day stalemate under the blazing summer sun that bled both armies of men and materiel and proved to be the death knell of the Republican forces.  This weekend’s events, also under a blazing sun, consisted of three separate commemorations:  On Saturday there was both a history congress and a re-enactment of the crossing of the river by republican forces in the town of Mora d’Ebre.  That night, the not-so-nearby town of Fayon hosted a period costume verbena, and on Sunday a major battle re-enactment with uniformed re-enactors representing from every major force present in the actual battle except the CVT (Italian), Legion Kondor (German) and Morrocans.  They even had cavalry!

There was no lack of diversity in flags...

Each group and each event, has its own goals.  And each was, in its own right, successful.  Indeed, the congress reported an attendance of over 600, there where decidedly well over 1000 people at the re-enactment in Fayon, and by all reports the re-enactment in Mora attracted a large crowd as well, including considerable media.  

Perhaps it’s symptomatic of the push and pull of this moment in time and the absence of resources for movements such as these,  or maybe an insidious byproduct of the partisan politics that dominate

...or uniforms on either side.

 everything in Spain, but for all of their individual successes the weekend’s events manifested a notable lack of synergy that makes me wonder what could be if these groups worked together.  There was a virtually no cross advertising so that the only way to find out what was going on was by word of mouth, and apparently attempts at schedule coordination fell flat.  Whether cause or effect, there was little mixing between the groups and events, and even a few negative attitudes.  

Now I can certainly understand that just because someone is into re-enacting doesn’t mean they want to spend all day in a lecture hall listening to interpretations of history.  Likewise, most academics probably don’t see the appeal of dressing up in period costume, even if it does serve an instructive “living history” function for the lay public.  It’s just a matter of taste.  Further, these events have different specific goals.  But it seems to me that each of these activities plays an important role in a presumably common goal of reacquainting the general public with this important episode in history.  

Interest in the Spanish Civil War has spawned myriad movements and affinity groups both within and outside of Spain. While their specific activities and goals may differ, their similarities are greater than their differences in most cases.  It is my hope that as these movements mature, they will find ways to exploit their synergy to create a stronger movement and celebrate their differences for the richness they bring.

July 27, 2008 – Back from the Ebro

No time to write right now, but had a successful weekend at a combination of events in Mora d’Ebre and Fayon, a remote little town in Zaragoza commemorating the 70th anniv. of the start of the Battle of the Ebro.  There was a fascinating history congress and a very complete re-enactment, including cavalry.  I was overwhelmed by the heat and somewhat unprepared for the shoot as it was difficult to get a handle on what the events where to be, but it all came off with nary a hitch.  More detailed post later.

July 19, 2008 – Viver

 

 

 

Women are a growing part of the re-enacting movement in Spain.

This is day four of the trip and I have just returned from Viver.  I arrived late last night and met up with Kristian and a few others at a restored trench and tunnel fortification outside of town on a hilltop.  We stayed there until one am under a full moon having a fine dinner of Serrano and tomato sandwiches with red wine and beer.  Lodging was at a boarding school dorm constructed with typical Spanish Bauhaus austerity.  The bunks where welcoming and I slept like a log from our 3 am arrival until the rude 7:30 am wake-up call.  Alas, life in the army.

 

Today I shot five hours of footage with my new cameraman Francisco Gramaje Calatayud.  A competent and very professional shooter making his first forays into the documentary world.  Once he got used to the idea of no re-takes we where doing fine.  He shot on a Z1U and I did some second unit on my A1U.  Events commemorated the 70th anniversary of the successful defense of Valencia along Linea XYZ, in which Viver played a central role.  

 

 

The battle drew a crowd

The days events included a presentation in front of the Ayuntamiento with parade through the town and an exhibition of life in the trenches.  Lunch followed, a very welcome arroz al horno.   In the afternoon we had a brief return to the trenches during which I interview Kristian, and my new friend, Titus.  What a character!  Watch for a profile of Titus soon.   The afternoon’s activities included a “battle” in the town park between republican regulars and requetes, with traca effects and masclet hand grenades (These are typical Spanish fireworks).    The day’s events ended with a ceremonial presentation of arms to the opposing sides and the now traditional group hug.  There was a good crowd and fun was had by all. 

 

The group hug has become an obligatory conclusion to all SCW re-enactments.

Just purchased new domain

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Welcome to the Remember Spain blog

Washington, D.C.  July 1, 2008

This is my blog for Remember Spain:  Conversations From the Front Lines of an Un-forgotten War.  I’m using this site to chronicle my thoughts, ideas and experiences, and also to test designs and architecture in preparation for the official launch this fall.  I’m heading for Spain on July 15th and will be shooting interviews, events, and locations throughout the country.  I will post updates as I go.  

This is primarily a video documentary project, so you can expect to see videos appearing here soon.  I encourage you to give me your feedback on those and anything else I post here.  Finally, a primary goal of this project is to stimulate dialogue on the recovery of Spain’s historical memory.  I invite all comments, suggestions or submissions that you may have.

 

Sincerely,

James Mercé Edwards