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Spain's Franco-era probe judge Baltasar Garzon on trial Spain's Franco-era probe judge Baltasar Garzon on trial
(about 1 hour later)
  
A high-profile Spanish judge has gone on trial accused of violating a 1977 amnesty law by investigating civil war and Franco-era crimes.A high-profile Spanish judge has gone on trial accused of violating a 1977 amnesty law by investigating civil war and Franco-era crimes.
The case against Baltasar Garzon, who famously indicted late Chilean leader Augusto Pinochet, has been brought by two right-wing groups. Baltasar Garzon is accused by two right-wing groups of overstepping his powers by trying to prosecute crimes committed between 1936 and 1975.
They say he overstepped his powers by investigating disappearance of 114,000 people between 1936 and 1975. The case has reignited the debate about the way Spain has dealt with its past.
His defence wants the case to be dropped - a move backed by prosecutors. Mr Garzon's defence has called for the case to be dropped - a move backed by public prosecutors.
Mr Garzon's lawyer, Gonzalo Martinez-Fresneda said the trial should be dismissed as it stemmed from a private complaint from two groups and there was no "directly harmed" party involved. Under Spanish law, private citizens can try to bring criminal charges against a person even if prosecutors disagree.
Supreme Court public prosecutor Luis Navajas agreed, the AFP news agency reports. "We ask that the trial be shelved," he reportedly told the Supreme Court hearing the case. But Mr Garzon's lawyer, Gonzalo Martinez-Fresneda argued on Tuesday that the case should be dropped as there was no "directly harmed" party involved - and public prosecutor Luis Navajas agreed, asking "that the trial be shelved".
The BBC's Tom Burridge in Spain says the case has wider implications for the country - and the idea that crimes in the past should not be the subject of investigations today. Madrid's Supreme Court - the only court in Spain able to hear a case against a judge - is expected to rule on the motions in the next few days.
This is one of three prosecutions brought by private parties faced by Mr Garzon. This is one of three prosecutions brought by private parties against the 56-year-old judge.
If convicted at any of the trials, Judge Garzon, 56, could be suspended from the legal profession for up to 20 years. If convicted at any of the trials, he could be suspended from the legal profession for up to 20 years.
'Extraordinary' testimony 'Re-opened wounds'
Judge Garzon is a controversial figure, who divides opinion in Spain, correspondents say.Judge Garzon is a controversial figure, who divides opinion in Spain, correspondents say.
He gained a global reputation for his investigations into alleged human rights abuses committed around the world - initiating the arrest in the UK of former Chilean military ruler Augusto Pinochet in 1998 and indicting Osama Bin Laden and other al-Qaeda suspects in 2003.He gained a global reputation for his investigations into alleged human rights abuses committed around the world - initiating the arrest in the UK of former Chilean military ruler Augusto Pinochet in 1998 and indicting Osama Bin Laden and other al-Qaeda suspects in 2003.
Judge Garzon's trial has shocked some outside of Spain. Human Rights Watch and Amnesty International have called it a "serious attack on democracy".Judge Garzon's trial has shocked some outside of Spain. Human Rights Watch and Amnesty International have called it a "serious attack on democracy".
But, in Spain, the trial forms part of a complex debate over whether the country should investigate the crimes of the past.But, in Spain, the trial forms part of a complex debate over whether the country should investigate the crimes of the past.
Manos Limpias, or Clean Hands, the group that launched the prosecution against him, is among those on the Spanish right who think the 1977 amnesty should be respected. They see Baltasar Garzon as a "judge of the left".Manos Limpias, or Clean Hands, the group that launched the prosecution against him, is among those on the Spanish right who think the 1977 amnesty should be respected. They see Baltasar Garzon as a "judge of the left".
Then there are the hundreds of mainly elderly people outside the Supreme Court, supporting Judge Garzon. Some had relatives who disappeared under Franco, others were members of the Spanish political left. The main word on their banners is "justice".Then there are the hundreds of mainly elderly people outside the Supreme Court, supporting Judge Garzon. Some had relatives who disappeared under Franco, others were members of the Spanish political left. The main word on their banners is "justice".
In so many ways, Spain has moved on from that era. However, the outcome of this trial, decided by Supreme Court judges, will be an important moment for the country and its relationship with its past.In so many ways, Spain has moved on from that era. However, the outcome of this trial, decided by Supreme Court judges, will be an important moment for the country and its relationship with its past.
But to his critics, he is a left-wing busybody obsessed with self-promotion.But to his critics, he is a left-wing busybody obsessed with self-promotion.
His decision in 2008 to investigate the disappearance of tens of thousands of people during the Franco era, including ordering the excavation of mass graves, provoked fierce criticism and anger.His decision in 2008 to investigate the disappearance of tens of thousands of people during the Franco era, including ordering the excavation of mass graves, provoked fierce criticism and anger.
Clean Hands and Liberty and Identity, two organisations which have brought Tuesday's prosecution, say he should have heeded the amnesty agreed in 1977, two years after General Franco's death. Clean Hands and Liberty and Identity, the two organisations which brought Tuesday's prosecution, said he should have heeded the amnesty agreed in 1977, two years after General Franco's death, as the country moved towards democracy.
"Without doubt Judge Garzon has reopened wounds which we Spaniards - whatever our political beliefs - had totally recovered from," Miguel Bernard Ramon, of Clean Hands, told the BBC."Without doubt Judge Garzon has reopened wounds which we Spaniards - whatever our political beliefs - had totally recovered from," Miguel Bernard Ramon, of Clean Hands, told the BBC.
But many of the relatives of those who disappeared during the civil war and the subsequent dictatorship of General Francisco Franco had pinned their hopes for justice on Judge Garzon - and were among those demonstrating in his defence outside the court in Madrid. But many of the relatives of those who disappeared during the civil war and the subsequent dictatorship of General Francisco Franco have pinned their hopes for justice on Judge Garzon - and were among those demonstrating in his defence outside the court in Madrid.
Judge Garzon himself has said that the atrocities committed during that time amounted to crimes against humanity and therefore are not subject to an amnesty.Judge Garzon himself has said that the atrocities committed during that time amounted to crimes against humanity and therefore are not subject to an amnesty.
Paradox
If the trial continues, the defence has called some 22 witnesses to testify for the families of victims.If the trial continues, the defence has called some 22 witnesses to testify for the families of victims.
"For the first time those people will be able to tell before a court what the dictatorship did to them," Emilio Silva, President of the Association for the Recovery of Historical Memory, told the AFP news agency."For the first time those people will be able to tell before a court what the dictatorship did to them," Emilio Silva, President of the Association for the Recovery of Historical Memory, told the AFP news agency.
The trial has been condemned by human rights groups.The trial has been condemned by human rights groups.
Reed Brody, a lawyer with the US-based group Human Rights Watch, said it was paradoxical that Judge Garzon should be put on trial for pursuing the crimes of dictatorship in his own country.Reed Brody, a lawyer with the US-based group Human Rights Watch, said it was paradoxical that Judge Garzon should be put on trial for pursuing the crimes of dictatorship in his own country.
"Do the victims of Franco have less rights than the victims of Pinochet?" he said."Do the victims of Franco have less rights than the victims of Pinochet?" he said.
Last week Judge Garzon was in court on charges of illegally authorising police to bug the conversations of lawyers with clients.Last week Judge Garzon was in court on charges of illegally authorising police to bug the conversations of lawyers with clients.
He denied wrongdoing and said he had always sought to protect detainees' right to a fair defence.He denied wrongdoing and said he had always sought to protect detainees' right to a fair defence.
His third trial, for which no date has been set, involves allegations that he took bribes.His third trial, for which no date has been set, involves allegations that he took bribes.