A recent development indicates that Spain has failed to comply with international law, as per the findings of a UN Human Rights Committee on Follow-Up Rapporteur. The findings, which have been published, reveal that Spain did not implement the United Nations Human Rights Council’s (UNHRC) decision concerning the case of Baltasar Garzón v Spain.
Interestingly, the report was sent directly to Garzón’s international legal representative, Helen Duffy, of Human Rights in Practice. Reacting to the report, the aforementioned legal organization released a statement alleging that the report put a spotlight on Spain’s egregious failure to implement the UN Committee’s 2021 decision in the Garzón v Spain case.
In 2021, the UNHRC found that Garzón’s dismissal as a judge and his subsequent criminal prosecution were unjust and arbitrary. These charges came about as Garzón worked on cases related to crimes against humanity and corruption. Consequently, the UN asked Spain to make full reparations to Garzón and instructed the Spanish government to inform the council about the steps taken to this end within 180 days.
Two years on, Spain answered the UNHRC’s call without taking any meaningful steps. Human Rights in Practice’s statement underscores that, as per international law, states are obliged to provide reparation in the form of restitution, compensation, and “guarantees of non-repetition.” The latter ensures such cases don’t recur in the future. According to the statement, this obligation entails payment of damages, clearing of unjust criminal records, and executing the required legal and judicial changes to protect the independence of the judiciary.
However, Garzón still hasn’t been reinstated into the judiciary nor has his criminal record been expunged. Citing this inaction, the UN Committee issued a “condemnatory resolution” and found the Spanish government’s response on the matters of compensation and expungement of criminal records to be “unsatisfactory” because “it is not relevant or does not implement the recommendation.” The Committee found that Spain’s actions, or lack thereof, seemed to reject or contradict the UN body’s recommendations.
For more details please see the full report here.