Martin Villa renunciation of the title of adoptive son of Sabero after winning the lawsuit to the town Council for taking it off
More complaints against Martin Villa for crimes of the franco regime
the judge of The Central Court of Instruction number 5 of the Audiencia Nacional, José de la Mata, has denied that the argentine justice take statement, the former minister Rodolfo Martín Villacomo asked the judge Maria Romualda Servini, who investigates the alleged commission of crimes against humanity in the framework of the franco dictatorship. Asserts that colisionaría with the Amnesty Law, which remains in force because Parliament has not decided otherwise.
In an order signed last October 22, the Kills remains as well the criteria of the office of the Prosecutor, who had objected to serve the rogatory commission issued by Argentina to understand that the investigation of the crimes of the franco era belongs exclusively to the Spanish Justice, and that, in any case, the alleged crimes would have been prescribed.
Servini is investigating torture, killings, forced disappearances and abduction of minors committed in Spain between July 1936 and June of 1977, and imputes it to Martín Villa, crimes of homicide with the contest premeditated of two or more people, which would constitute a crime against humanity in Argentina is not prescribed and is pursued by the principle of universal jurisdiction. The judge had already requested from other courts spaniards that we left to take a statement, but has always been rejected.
he Also points out that addressing the rogatory commission "collides with the Law of Amnesty of 1977", because, while it could be argued that "the fulfilment of existing obligations under international law could do to consider directly inapplicable" to this standard, the fact is that it has been "recently confirmed in their essential content by any act of a legislative nature".
De La Mata refers to the fact that the Plenum of Congress rejected in 2011 a proposal to modify the force and application of the Amnesty Law, but also cited the Constitution, which repealed expressly a number of rules, not played this. "It is logical, therefore, constituted an essential pillar, irreplaceable and necessary to overcome the franco regime and what it meant"; notes in the car.
he Adds furthermore that "it is precisely because the Transition was the will of the Spanish people, articulated in a law", that is what any judge or court, in any way, can question the legitimacy of such a process. "It is a law whose eventual repeal would correspond, exclusively, to the Parliament," he concludes.
The judge Of the Mata also argues that Spain has not ratified the international Convention that declared imprescriptible crimes against humanity, crimes these that are not entered into the Criminal Code in addition, until the year 2004, which prevents you from pursuing those committed prior to that date. "The legal qualification is raised unenforceable by our courts", he concludes.
Adds on this subject, which, in any case, the offences charged had been committed more than 40 years ago, so would have expired the term of limitation that establishes the Spanish Penal Code and that "even when the International treaties establishing the imprescriptibility of the crimes against humanity and though this requirement has been carried into our domestic legal system, it is not appropriate to give an interpretation retroactively".
In any case, the Kill calls attention to the fact that the own Martin Villa asked to admit the rogatory commission to testify, and in fact, has "requested several times" to declare before the judge in Argentina, despite which, she has delivered the rogatory commission to question him in front of a Spanish judge.
"There are different mechanisms outside the tried that would culminate the aspiration of Villa Martin are able to provide this statement, well, as requested, appearing in Argentina, either by appearing in places dependent of the argentine sovereignty in our country as consulate or embassy, or through technological means such as video conferencing, also proposed by the party," says the judge about it.
According to the criteria ofLearn more Updated Date: 26 October 2018, 03:28