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the "Hope is the last thing to lose" (Bombay 2008)

the "Hope is the last thing to lose" (Bombay 2008)

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DIARIO DE MALLORCA: Letter to the Editor: "The courtyard of my house is particularly" by Rosalía Cortés Sastre

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The courtyard of my house is particular

Leo "carpet" that Mrs. You will not put his hand in the fire for anyone, it appears that they do not trust. But I I want to ask a question: what moral authority will ask for the vote to citizens of Islands in the next election? Among you do not trust, and we have to trust us? That nose!. Mr. Nadal, however, is quite the opposite. He trusts everybody. Let me tell you, very master of others, who has spent at least three people. If it really is true what they say, forgive me, but I tremble. They are all so cute, so clean and so honest in his party .....!

The "PEchOE" is another thing. In the chita-silent, must see, how good it looks. I also want to ask a question. Since you rule, I find that I have not cut taxes, is more up to me every day. Can you tell me where (piii..) Is our money? EI PP, as it stole something done (parkings, bus fleet, roads ,...), but you, all you read is continuously endowed with pinch of thousands of dollars to the Work Culture, pay all their studies bunch of friends, again giving the Cultural Work, and today, for example, I read in a newspaper either that "the Govern designed" three times on the same page, I guess "run" in the next term and is Therefore, we also asked the vote in anything, because four years have not been enough to plunder.

From
then, go on, that thorough, not "co (PIII)" we'll have left! But tell me where our money?

The other Rose, Ten, is the one cashing in all this, just yesterday I found out that there is discontent within his party because only two that cut the Mende cod. Rosita speaks only of Spain, but behind it, behind it is Marxism-Leninism (and the silly to the right, there it is, ligand and flirting with her).

Finally, my beloved and despised Balearic Majorca. Other acronyms good as any, but do not say because I do not publish the letter, look, and above all, losing each fear, because with all these what is clear is that we "Esclat" and put both hands on fire and we say no or to leave or to arrive anywhere or we will go out and get ... anywhere. ROSALIA

CORTÉS SASTRE

. Palma.

Published, for his greater glory, the Diario de Mallorca on October 29, 2008.

The letter, as can be seen, not wasted. Congratulations!.

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OPINION on AUTO Garzón (Historical Memory) JOAN J . 29/10/2008 QUERALT - THE COUNTRY (29/10/2008). DESIRED

Normal JOAN J. QUERALT

29/10/2008 - THE COUNTRY (29/10/2008). Since two weeks ago Judge Garzón issued the order declaring the authority to investigate Franco's ruthless and barbaric repression has fallen on him the whole weight of demagoguery, bitterness and sectarianism, as if, in fact, he might be the offender.

Garzón's car makes relentless pursuit 'criminal crimes of the Franco

This government promoted a prudish and insufficient memory Act

grossest criticism has focused on that, in addition to requesting the death certificate of the fractious rebel and others of his conmilitones -which is necessary to accord the case file about them, "other possible perpetrators would be already dead. Maybe, but not necessarily. A careful reading of the car indicates that Garzón plans, as it can not be otherwise, an investigation by stages: first, until December 1951, done that "does not exclude other cases, provided it is shown that they do not are isolated incidents. "

Two questions we must do to understand this vital resolution. The first: do they deserve the recognition and redress to victims where necessary? and the second, why this order has been issued? The first question we can only reply that this recognition has come to them, but by the back door. Indeed, for the sake of a long amnesia, have been deprived of the recognition time for the indignities suffered. The second question focuses on the prudish Historical Memory Law, adopted at the last gasp of the last legislature. On this law, whose scope was denounced as sparing in their handling continues to weigh the slab of the past.

Indeed, on one hand, those affected have to urge the administrative authority declaration of illegitimacy of their situation under Franco, which means it must bear the burden of proof on the other, no have been issued, almost a year later, the regulations that are necessary for the development of these pyrrhic benefits. And what is worse, the State not to mention some regions, some local authorities and the Catholic Church seem to have ignored the issue. If the central government had put in charge of the event, opening all files without restrictions, making all means to identify the slain, as has been done, for example, in Catalonia, have sung a different story. Finally, if to proclaim the illegitimacy Companys takes three months, do not take to the sharecropper libertarian. In this context, it is not surprising that 19 associations complaint before the courts as a last resort, well known fact that, criminal investigations, could be the remains of the disappeared and the punishment of the oppressors and plunderers. The proposed task is not easy Garzón nijurídicamente factual without government support, because nothing else suggests the unusual belligerence of the current prosecutor, which leaves little was when their ancestors tried to prevent, unsuccessfully, to lay the foundations of universal justice.

is opposed, first, the competition, but, ultimately, is irrelevant. If it was not competent Court, what would each of the courts in whose jurisdiction the exercise of stock, which, perhaps, not be detrimental to the cause they serve.

essential aspects that are raised also by the prosecution against the order of Garzón are essentially non-retroactivity, the 1977 amnesty and prescription. Talking, as in the use of public ministry because general should not be considered more than a rhetorical outpouring of questionable soundness. The non-retroactivity can not be denounced, because the car expressly excludes, according to the doctrine of the Supreme Court in the case

Scilingo,

understands that it can not be convicted of crimes against humanity, in force between us only since 2004. However, nothing prevents the naming context under the traditional crimes of murder, illegal detention, torture and related fields. Context switching has not stopped applying, for example, the doctrine Parrot firm convictions, altering the terms of implementation, at the express request of the Prosecutor. As for the occlusive effect of the amnesty of 1977 we face a thorny political issue, but soluble legally. Its purpose was political intent crimes. Garzon believes that filled out can not be classified as such and the Office, calculated ambiguity, does not averse to treating them as ordinary crimes. If so, there would be a source of conflict. But the truth is that the crimes of the Franco regime can not be considered political crimes, they are crimes against humanity, well qualified initially by customary international law and now the convention and the law. If, having regard to Article 7 of the 1931 Constitution, international law was accepted by it, the rebels to break up blood republican legitimacy can not benefit from the regime of fact and law from which no autodotaron, so that the institutions of international law must be understood fully in force. Consequently, the 1977 amnesty, regardless of whatever the idea of \u200b\u200btheir authors, not enough for these crimes.

Opposes also the apparent obstacle of the prescription. The continuing offenses, and illegal detention is, do not begin to prescribe until the hostage is released, there is reason enough for him or found dead, otherwise, disappearances would eventually go unpunished. Admittedly, however, that for other cases, we know where are the remains of victims. The offense and he would be barred and all related. This is saving schemes stating that fact and no interruptive law for criminal acts of disruptive. This has been declared as the European Court of Human Rights and the Supreme Court, the latter, interestingly, on issues of recovery of the property plundered by the Franco regime. And be agreed that the life, physical and moral integrity and freedom are infinitely superior to real property and that therefore the prosecution of crimes that annihilated those basic rights deserves no better treatment than looting.

Finally, it seems the objection of lack of competition that also claims the prosecutor. However, argue that a judge is not competent to accept another it is-but do not say that-which ultimately means accepting that the facts themselves are apparently investigating crime.

Finally, whether before the High Court or before multiple courts, is to ventilate the criminal prosecution of offenders of the Franco regime, the avalanche and can not be stopped. Will also be used to deliver another message to boaters: Crime always pays. Already there are several leaders genocidal politicians who can not visit certain states. That we have between us, no escape.

Joan J. Queralt

is Professor of Criminal Law at the University of Barcelona. Curious, as always well explained, even for the layman.