The Prosecutor’s Office has appealed the decision of a Barcelona court not to admit a complaint for crimes against humanity and torture suffered by a trade unionist during his arrest in 1970. The appeal has been prepared by the Barcelona Prosecutor’s Office in coordination Democratic Memory Prosecutor’s Office headed by the former Minister of Justice and former Attorney General Dolores Delgado.
The judge rejected the complaint alleging that the facts were “prescribed and amnestied”, a criterion with which the prosecutor in the case had agreed on two occasions, who was finally forced to change her mind after the intervention of the Memory Prosecutor’s Office.
The Public Ministry maintains in its appeal that the new Democratic Memory law recognizes the right to justice of the victims of human rights violations committed during the civil war and the Franco dictatorship, as well as the correlative obligation of the State to investigate from the field of justice.
The Prosecutor’s Office considers that the file is “premature”, since, after the entry into force of this law “there is no room for outright rejection of the complaint, but rather it is necessary to carry out an investigation of the facts and their context to to be able to take a decision on the continuation of the procedure”.
Also remember that the jurisprudence alleged in the order of inadmissibility “corresponds to a legal framework prior” to the Memory Law. According to the Public Prosecutor’s Office, this is about applying “the right to justice that integrates an interpretation with a human rights approach and respects the core principles of International Human Rights Law and the Treaties and Conventions on the matter. in accordance with […] the Constitution.