He follows the reasoning we outlined two weeks ago (WR-03-29). His starting-point is a recent ruling of Spain's supreme court, in the so-called `Guatemala case', which establishes that Spain can only try torture cases in which the victims are Spaniards. That same ruling, he notes, says Spain cannot prosecute when the events are being tried in the country in which they took place; Rubira notes that there is information about political and judicial changes in Argentina which enable trying over there the cases Garzón is pursuing.
The charge of genocide, he argues, is inapplicable. Torture could be actionable, but only in cases dated after July 1978, when this possibility was incorporated to Spain's penal code. However, he notes, all the torture cases involving Spanish nationals brought by Garzón refer to events that took place either in 1977 or earlier.
Rubira adds that, in any case, it is in Argentina `where all the evidence can be found and where trials of the accused can be carried out with due attention to the principles of publicity, orality, concentration and immediacy.' In the light of these considerations, Rubira formally recommends not proceeding with the extradition requests. This is not binding on Garzón; aware of this, Rubira has formally requested the incorporation of his observations to the dossier.
End of preview - This article contains approximately 270 words.
Subscribers: Log in now to read the full article
Not a Subscriber?
Choose from one of the following options
