• Courts. Martin Villa to the Argentine judge: "According to the complaint, if Suárez lived he would be accused of genocide"

  • Citation.Martín Villa defends the Transition as a stage of "reconciliation" in which "a genocide was impossible"

When the Argentine judge

María Servini

monopolizes headlines for the interrogation of former minister

Rodolfo Martín Villa

, accused of crimes against Humanity on the other side of the Atlantic Ocean, the current State Attorney General, Dolores Delgado, has given wings to her investigations in the midst of fierce criticism of a sector of the

Prosecutor's Office

.

On August 4, Delgado issued a note where he annulled an order given by his predecessor in office, the Prosecutor of the Sala

Consuelo Madrigal

, of September 30, 2016, to deny the completion of the rogatory commissions requested by Servini, who at that time went to several Spanish courts simultaneously to demand information about the crimes of the Franco regime.

Madrigal's order was based on the fact that the acts that Judge María Servini is trying to investigate from Argentina were allegedly committed by "Spanish citizens in Spain against Spanish citizens", so they would be the exclusive competence of the jurisdiction of our country.

He also claimed that they would be prescribed;

in addition to making reference to the sentence in which the Supreme Court acquitted former judge Baltasar Garzón for opening a general case against the Franco regime but valuing the validity of the so-called

Amnesty Law

.

However, in the guideline given by Delgado it is stated that "not only international cooperation has evolved but also the national perspective itself. (...) We can affirm that the permanent adaptation of democratic memory policies is a direct responsibility of the State. to the new needs on a national, automatic and local scale, as well as to the new paradigms of memory and defense of human rights that are articulated in the international sphere ".

The former minister of Pedro Sánchez, a firm defender of universal justice, decided to give free rein to mutual assistance between Spain and Argentina to investigate the crimes of the Franco regime.

Fiscal sources of the highest category within the Fiscal Career consulted by

EL MUNDO

assure that Delgado's order is a "legal botch" for various reasons.

They argue that cooperating with the letters rogatory "agreed by Servini more than 10,000 kilometers away implies incurring a kind of legal schizophrenia. It is nonsense."

On the other hand, they explain that completing rogatory commissions such as those promoted by the Argentine court implies "seriously violating Spanish law, specifically with regard to the prescription of crimes, the Amnesty Law of 1977 and the principle of legality itself."

"There is currently no rogatory commission requested by Argentina, which makes the decision of the attorney general more inexplicable," comments another Sala prosecutor in conversation with this newspaper.

"He has revoked an order by means of an internal note that is nothing more than an internal means of communication without statutory rank. A note does not serve to invalidate an order. It is a toast to the sun. Besides, it is that the note does not even alludes to the order given by Madrigal but to the terms of a letter that was sent to the then chief prosecutor in Madrid on September 30, 2016. They have not been able to find even the original order to annul it, which is registered in the Prosecutor's Office, "sources say prosecutors.

The same sources consider that "the defects" incurred by Garzón in the general case against the Franco regime - he was provisionally suspended as a judge of the National High Court for this controversial instruction although the Supreme Court ended up acquitting him in this procedure - are fully shared by Servini.

In addition, they highlight that, in the said acquittal, the Supreme Court concluded that Garzón "incurred excessively in the application and interpretation of the norms" by opening a general cause to the Franco regime although his action "did not reach the injustice of the resolution that requires the type of crime of prevarication ".

Former Minister Rodolfo Martín Villa, after his statement.ÁNGEL NAVARRETE

Voluntary declaration of Martín Villa

For his part, in his voluntary statement this Thursday before Judge Servini, former Minister Rodolfo Martín Villa raised what he considers to be the absurdity of the complaint against him: "If the version of the complaint is accepted, if Adolfo Suárez lived it would be impossible for him to He will not also be accused of genocide or crimes against humanity, a situation that I do not dare to describe. "

"I have come to defend myself, because I rebel to live under the presumption of guilt instead of the presumption of innocence, but above all to defend that it is impossible that in the Transition there was a genocide," he added.

In addition to those general references to the Transition, the former minister responded about the specific deaths attributed to him, a dozen in total.

Five of them in a confrontation between the

Police

and workers in

Vitoria

.

Those deaths, he told the judge, occurred "before" his intervention as minister.

His task was later and consisted "of adopting measures to prevent further violence, to declare a state of exception and to prevent the interference of any military authority."

Martin Villa affirmed that in Vitoria "there were certainly errors, serious errors, and police behaviors contrary to respect for people's rights and, therefore, it would be legitimate for a just reparation to be demanded. But one thing is to understand the pain of the victims. and the necessary reparation and another is to accept an account of what happened, which leads the complaint to even affirm that in the Spanish Transition there were crimes of genocide and crimes against humanity ".

On the other hand, the Popular Party yesterday registered the request for the appearance of the attorney general to explain in the Congress of Deputies the change of criteria given regarding "international legal cooperation in the case of Martín Villa."

According to the criteria of The Trust Project

Know more

  • Supreme court

  • Argentina

  • Madrid

  • Spain

  • Dolores Delgado

  • Pedro Sanchez

  • PP

  • Congress of Deputies

  • National audience

  • Adolfo Suarez

  • Justice

Justice Martín Villa to the Argentine judge: "According to the complaint, if Suárez lived he would be accused of genocide"

JusticeDolores Delgado sanctions the prosecutor in the case of the 'crime of the suspenders' for his criticism of the judge, the jury and the defense lawyer

JusticeThe PP claims the Supreme Court to annul the appointment of Dolores Delgado for "placing" the Prosecutor's Office "at the service" of the Government

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