ECCHR, together with nine other international legal and human rights organizations, has filed a complaint with the UN about the treatment of Spanish Judge Baltasar Garzón, urging them to intervene to ensure that the fundamental principles of judicial independence and impartiality are upheld. The Spanish judicial system recently provoked outrage - both in Spain and internationally - by approving criminal charges brought against Judge Garzón by right-wing groups opposed to the investigation of state-sponsored enforced disappearances and extrajudicial killings during the Spanish civil war and under the Franco regime.

As a result, Garzón, who is best known for initiating criminal proceedings against the former Chilean dictator Augusto Pinochet, has been temporarily suspended for seeking to investigate human rights violations recognized as crimes under international law. The complaint - prepared together with Lawyers Rights Watch (Canada), Asian Legal Resource Centre (Hong Kong), Lawyers Without Borders (Canada), Center for Constitutional Rights (USA), the International Federation for Human Rights (France), World Organisation Against Torture (Switzerland), the National Lawyers Guild (USA), the International Association of Democratic Lawyers and Asociación Española para el Derecho Internacional de los Derechos Humanos (AEDIDH) - asks the UN Special Rapporteurs concerned with judicial independence, torture, extra-judicial executions, and the protection of human rights to intervene and make representations to the Spanish authorities in this important matter.

We submit that the actions taken against Garzón constitute improper interference with the judiciary and are in violation of Spain's obligations to protect judicial independence. Such independence is a fundamental component of the rule of law and of especially crucial importance when the investigation of serious international law violations is concerned. As Garzón is internationally recognized as a leader in the fight to end impunity for mass human rights violations and efforts to strengthen universal jurisdiction, the case against him will likely have a chilling effect on those lawyers and judges seeking to make perpetrators of gross human rights abuses accountable for their actions.

Accordingly, we submit that Garzón must be allowed to pursue his investigation into the disappearances of over 100,000 people without interference by the state and private groups opposing the investigation. Any disagreements with his decision to investigate should be subjected to judicial review rather than criminal prosecution as in this case.  We also call on the UN Special Rapporteurs to urge Spain to review its Amnesty Law of 1977 in light of the international law obligation to protect human rights and investigate egregious abuses. Such amnesty laws facilitate impunity for those responsible for mass human rights violations whilst denying victims' families the right to know the truth and the possibility of closure.