On 19 July 2022, we made submissions on behalf of Baltasar Garzon to the Special Rapporteur on Follow-up of the UN Human Rights Committee, expressing deep concern about Spain’s failure to implement the Committee’s ground-breaking Garzon v Spain decision. The decision of August 2021 reached damning conclusions that Spain had violated a series of the former judge’s rights and undermined judicial independence, through criminal processes that were inherently arbitrary, violated the right to a fair trial before an independent impartial tribunal and were based on a crime (‘prevaricación’ which criminalizes ‘unjust judgments’) which was unforeseeable and a violation of the principle of legality.
The submissions presented today make clear what is required to meet the ‘holistic reparation’ the Committee called for in this case, in line with international standards and the Committee’s own jurisprudence. Spain needs to grapple with the profound implications of the Committee’s findings, and ensure reinstatement, recognition and broader guarantees of non-repetition including legal and institutional reform. By contrast, its silence is an affront to the Committee’s authority and undermines human rights and rule of law in Spain.
The Special Rapporteur on Follow Up of the UNHRC, and other international mechanisms, are urged to actively engage with the Spanish government to ensure that this important decision is given effect without further delay. As the Government is not cooperating and has not taken concrete actions to implement the decision, we have requested a report on the State’s non-compliance.