EP: The National Court will file from today the dozen cases it has open for universal justice
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EUROPA PRESS 17/03/2014
The magistrates will close the proceedings ex officio, without having to be asked by the Prosecutor's Office or the parties in person
MADRID, 17 Mar. (EUROPA PRESS) –
The six investigating judges of the National Court will file as of today, Monday, the dozen cases that remain open under the principle of universal justice after the Official State Gazette (BOE) published last Friday the limitation of this rule, legal sources informed Europa Press.
The judges Santiago Pedraz, Ismael Moreno, Javier Gómez Bermúdez, Fernando Andreu, Pablo Ruz and Eloy Velasco will be in charge of issuing the archiving orders for each of the cases, once they verify that the requirements of the reform of the article are met 23 of the Organic Law of the Judiciary (LOPJ) approved by the Courts.
According to the legal sources consulted, The investigating judges of each of the cases will adopt this measure ex officio and without the Prosecutor's Office or the rest of the parties involved in the proceedings having to request it..
EMERGENCY PROCEDURE
The reform of universal justice was included in the BOE last Friday, two days after the Senate approved it urgently, without changes and in just fifteen days, based on an amendment presented by the Popular Group of Congress.
The measure limits the prosecution of crimes of genocide and crimes against humanity to procedures directed against Spaniards or foreigners who have acquired nationality after committing the act or whose extradition has been denied..
The new article 23.4 of the Organic Law of the Judiciary eliminates the possibility of acting with a complaint or through a popular accusation, to limit its momentum to complaints filed by the aggrieved party or the Prosecutor's Office.
FOLDER FOR A DOZEN CAUSES
In this way, The National Court will file cases such as those related to the deaths of cameraman José Couso during the Iraq war or diplomat Carmelo Soria in Chile. The procedures investigating the genocides in Tibet will also be closed, Guatemala, the Sahara and Rwanda, the nazi holocaust, CIA flights, the assault on the Liberty Flotilla, the attacks on the Ashraf refugee camp (Irak) and the torture of the Falun Gong movement.
Judge Eloy Velasco, however, has asked the parties involved in the case in which it is investigating the death in El Salvador of the Jesuit Ignacio Ellacuría and seven other people, that occurred 16 November 1989 in El Salvador, whether you can continue with the procedure despite the legal limitation.
In this case they are prosecuted 13 Salvadoran ex-military officers charged with a crime against humanity, that would be affected by the modification of the standard, and those of terrorist murder, that would allow the investigation to continue, according to legal sources.
The judge also asks the Prosecutor's Office and the rest of the parties if he should raise a question about his jurisdiction to the Second Chamber of the Supreme Court., in view of the fact that the only trial in which these facts were examined was held in El Salvador and, from your point of view, constituted a fraud of law.