Argentina requests extradition of Franco-era officials from Spain

An Argentine judge has requested the extradition of 20 former Spanish officials to Argentina to stand trial for human rights violations. An amnesty enacted in the late 1970s prevents them from being tried in Spain.

Deutsche Welle, 2 Nov 2014

A judge in Argentina has asked Spain to extradite twenty former Spanish officials suspected of human rights violations during the dictatorship of Francisco Franco.

Judge Maria Servini de Cubria issued the request as part an investigation into allegations of torture and other crimes committed during Franco's reign. Servini made the request to international police agency interpol to demand Spanish authorities carry out "pre-emptive detention with a view to extradition" of the subjects.

Former government ministers Jose Utrera Molina, 86, and Rodolfo Martin Villa, 79, are among the 20 accused. They are charged with attempted homicide.

Groups advocating for justice for people tortured and killed under Franco have praised the extradition request. "It is historic," said Maria Acenegui Siemens, spokeswoman for the Association for the Recovery of Historical Memory, an advocacy group that supports victims of the Spanish Civil War and Franco's dictatorship. "It is a great day," she added.

Officials serving during the Franco era cannot be prosecuted in Spain due an amnesty that was enacted after the death of Franco and when Spain returned to democracy in the late 1970s. Spain viewed the amnesty at the time as essential to avoid endless score-settling as the country transitioned to democracy.

The treaty however prompted families of alleged victims to turn to Argentina for help, which has an extradition treaty with Spain.

Judge Servini is using a concept known as universal jurisdiction, the idea that certain crimes, including torture, are so serious that they can be tried in countries other than the ones in which they were committed.

A lawyer for the plaintiffs, Carlos Slepoy, said it was the first time that former ministers of the Franco regime were being targeted under universal jurisdiction. "We are convinced, as are many judges and prosecutors in Spain, that these matters must be investigated," Slepoy said.

"This day offers hope that those criminals will be judged in Argentina and even in our country," Plaintif Jose Galante added.

Spain has not yet responded officially to the extradition request, and in April declined a request to extradite to Argentina two former police officers who were accused of torturing prisoners during the Franco regime.

bw/jm (Reuters, AFP)