CCPR/C/130/D/3599/2019 Involuntary Disappearances to include Spain on the list of countries with unresolved cases of enforced disappearance3 expanded the scope of the investigations from social and family circles to the institutional sphere. When the authors joined the Mallorca Association for the Recovery of Historical Memory, which was established in 2006, it opened up a new life for them in which they could disclose their secrets and share their suffering. Although they have not been able to find any official information in any file or record (many of those belonging to the military and the Church are still classified), joining the Association has enabled them to begin searching for their relatives’ remains. 2.13 On 14 December 2006, acting through the Mallorca Association for the Recovery of Historical Memory, the authors submitted a complaint of crimes against humanity to Central Court of Investigation No. 5 of the National High Court, seeking clarification of the truth and the whereabouts of Ms. J.V. and Mr. A.M. and the recovery of their remains. In addition to this action, complaints have been made by many other associations of relatives of disappeared persons, corresponding to a total of 114,266 victims of enforced disappearances between 1936 and 1951. 2.14 In an order issued on 16 October 2008, this Court noted that “impunity has been the rule in respect of events that could legally be classified as crimes against humanity”, and that, for this reason “it is necessary to start proceedings in response to the actions initiated because there are still victims, and, in order for their rights to be respected (...), an end must be brought to the offences committed, and this will be achieved only when the bodies of the disappeared have been searched for and located”. 4 Ruling that no amnesty law could be invoked to obstruct investigations into the offences in question, the Court assumed jurisdiction. 2.15 Four days later, however, the Public Prosecution Service filed an appeal against the statement of jurisdiction, arguing that the National High Court did not have territorial jurisdiction, that it constituted a violation of the principle of legality and non-retroactivity of criminal law, as the conduct concerned did not constitute a criminal offence at the time, and that the events were time-barred and subject to amnesty. Thus, on 2 November 2008, the Criminal Chamber of the National High Court, sitting in plenary, declared the statement of jurisdiction of 16 October 2008 to be null and void, albeit with three dissenting opinions considering that a denial of justice might render the State responsible under international law. On 18 November 2008, the National High Court agreed to relinquish jurisdiction over the case in favour of the courts in the regions where the events had taken place. 2.16 On 22 June 2009, the authors submitted a complaint to Court of Investigation No. 10 in Palma de Mallorca. The complaint was dismissed on 14 October 2009 on the grounds that it was time-barred and subject to amnesty. On 25 February 2010, the High Court of Mallorca dismissed the authors’ appeal. They submitted an application for amparo to the Constitutional Court but this too was rejected, on 9 September 2010. 2.17 The authors maintain that Supreme Court judgment No. 101/2012 of 27 February 2012, handed down in the proceedings brought against National High Court Judge Baltasar Garzón for perverting the course of justice, led to the general dismissal of all appeals lodged by victims throughout the country as it established case law on the purported reasons for which judges were not authorized to investigate crimes committed during the Civil War and the Franco era, namely, those provided for by the Amnesty Act, the principle of legality and non-retroactivity of criminal law, the statute of limitations and the Historical Memory Act. 5 2.18 In September 2012, faced with the context of impunity in the State party, the authors turned to the courts of Argentina. In this regard, the authors point out that, in April 2010, on the basis of universal jurisdiction (which allowed Spain to investigate enforced disappearances that occurred during the Argentine dictatorship), 6 relatives of disappeared persons had already submitted an appeal to the Argentine courts, giving rise to case No. 3 4 5 6 4 E/CN.4/2003/70 and Corr.1 and 2. Central Court of Investigation No. 5 of the National High Court, order of 16 October 2008, pp. 4 and 16. Act No. 52/2007 of 26 December, which recognizes and extends rights and establishes measures in favour of persons subjected to persecution or violence during the Civil War and the dictatorship. Judgment No. 798/2007 of the Supreme Court. GE.21-06035