ARGENTINA
VICTIMS DEMAND
THE TRUTH ABOUT
THE FRANCO
DICTATORSHIP
Rodolfo Martín Villa and others
Context
Ongoing proceedings in Argentina
against former Spanish officials and
other actors of the Franco dictatorship
for alleged serious crimes under
international law committed in Spain
between 1936 and 1977
Suspects
Former Spanish officials and other
actors of the Franco dictatorship
(including González Pacheco, former
police officer; Jesús Muñecas Aguilar,
former captain of the Civil Guard; and
former government minister, Rodolfo
Martín Villa)
Country of residence
of suspects
Spain
Charges
Crimes against humanity, including
torture, extrajudicial killings, and
enforced disappearances
Current status
Under investigation
Developments in
2018
On 21 June 2018, the Argentinian
Federal Tribunal allowed two victims
to join the proceedings against former
Spanish officials and other actors of
the Franco dictatorship.
The first applicant, Ruben Amor
Benedicto
Salmerón,
is
the
grandson of the disappeared José
Salmerón Céspedes who was forcibly
disappeared, tortured, and executed
in 1936 in Tetouan, then part of the
Spanish protectorate in Morocco. The
applicant demanded the exhumation
of his grandfather’s remains, which
he believes are buried in the European
cemetery of Tetouan.
The second case relates to Gustavo
Adolfo Muñoz de Bustillo, a 16-yearold executed on 11 September 1978,
during violent riots in the transitional
period in Barcelona. Judge María
Servini de Cubría had first rejected
the case as it happened after the 1977
elections that ousted Franco.
On 22 October 2018, the Spanish
National Court (Audiencia Nacional,
Sala de lo Penal) denied the request
from the Argentinian judge María
Servini de Cubría to come to Spain to
hear Rodolfo Martín Villa, as part of
the international rogatory commission
issued in September 2017. The
Spanish judge argued that the crimes
are prescribed; and executing the
international rogatory commission
would violate the 1977 amnesty law.
On 26 October 2018, Judge María
Servini de Cubría admitted the
complaint filed two years ago by the
NGO Women’s Link Worldwide on
behalf of six women repressed by
the dictatorship. The investigation
will examine cases of sexual assault,
murder, forced abortion, and the theft
of children under Franco’s regime.
Procedure in Spain
In December 2006, the Spanish
investigating
judge,
Baltasar
Garzón, opened an investigation into
allegations of crimes against humanity
committed
during
the
Franco
dictatorship. In October 2008, he ruled
that the 1977 Spanish law granting
amnesty for crimes committed during
the Franco dictatorship did not apply,
owing to the nature of the crimes.
13
However,
the
Supreme
Court
overturned this decision, while
Judge Baltasar Garzón was put on
trial for prevarication for his alleged
unfair interpretation of the amnesty
law. He was finally acquitted but the
amnesty law remains applicable, and
the crimes committed by the Franco
dictatorship cannot be investigated or
prosecuted in Spain.
Procedure in
Argentina
On 14 April 2010, Spanish and
Argentinian
human
rights
organizations
filed
a
criminal
complaint with the Argentinian
investigating judge Servini de Cubría
on behalf of Spanish victims. On 18
September 2013, the Argentinian
judge issued arrest warrants against
four former officials of the Franco
dictatorship
(including
González
Pacheco and Jesús Muñecas Aguilar)
and requested their extradition in
order to stand trial for crimes against
humanity, including acts of torture,
allegedly committed in Spain between
July 1936 and June 1977.
On 24 April 2014, the Spanish National
Court (Audiencia Nacional, Sala de lo
Penal) rejected an extradition request
issued on 18 September 2013 by Judge
Servini de Cubría against González
Pacheco and Jesús Muñecas Aguilar.
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