On 30 October 2014, notwithstanding
the Court’s decision, the Argentinian
investigating judge issued detention
orders against 20 of the accused in
order to request their extradition to
Argentina. However, these orders were
not executed in Spain, the authorities
arguing that the Spanish Amnesty
law prevails.
In 2015, the Judge Servini de Cubría
sent a second rogatory commission
to the local tribunal of Guadalajara
in Spain, requesting the exhumation
of the corpse of Timoteo Mendieta,
a trade unionist who was reportedly
imprisoned in the Guadalajara
Central Prison and executed in 1939.
It also provided for a DNA test of
his daughter, Ascensión Mendieta,
victim and plaintiff in the case. On
24 November 2015, the Tribunal
of Guadalajara authorized the
exhumation, which started on 19
January 2016. The exhumation of 22
bodies from a first mass grave found
nearby the Guadalajara prison did
not allow identifying the remains of
Timoteo Mendieta.
In June 2017, Judge Servini de Cubría
issued an international arrest warrant
against Rodolfo Martín Villa for the
death of five workers in Vitoria in
1976. However, it was annulled by
the Appeals Chamber as unfounded.
In July 2017, Judge Servini de Cubría
issued a new arrest warrant against
Martín Villa for crimes against
humanity and murder.
Read more about the case
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Establishing the
unconditionality of
universal jurisdiction
In its judgment, the
Federal Supreme
Court clarified that the
universal jurisdiction
principle is not one of
subsidiary application,
concurrent or limited
to connections between
the facts and the state
that intends to judge it.
The Federal Supreme
Court also judged
that the international
qualification of a crime
against humanity
depends exclusively on
the verification that a
determined illicit act
is committed in the
context of a generalized
or systematic attack
against a civilian
population. It found
that the crimes could
occur not only in the
spatial-temporal
epicenter through
which the attack
extends, but also in its
margins.
On 16 March 2016, Women’s link
Worldwide, an international women’s
organization based in Spain, filed a
complaint calling for the investigation
into systematic gender-based crimes
committed against women during the
Franco regime.
In August 2016, Judge Servini de
Cubría opened an investigation into
the death of Spanish poet Federico
García Lorca, pursuant to a complaint
filed by the Spanish Association for the
Recuperation of Historical Memory
(Asociación para la Recuperación de
la Memoria Histórica).
On 9 June 2017, the remains of
Timoteo Mendieta were identified
in
a
mass
grave
uncovered
nearby the Guadalajara prison.
The archaeological team of the
Association for the Recovery of
Historical Memory (ARMH) has
exhumed 28 other victims of the
Franco regime.
14
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