Accusation against Spanish prime minister Aznar and judge Garzon handed over to International Criminal Court in Den Haag
On 8th of April 2003, 10.00h a.m., a delegation consisting of members of the support group 'Free Juanra' and Basque citizens that were hunger striking in Den Haag handed over an accusation against Spanish prime minister Aznar and judge Garzon and had a talk with Mr. Phakiso, an advisor of the International Criminal Court in Den Haag.
Phakiso explained that the court is not actively examining cases yet, since the prosecutor still had to be determined in the month of June. Nevertheless it would be possible to hand over accusations and documents, which Phakiso guaranteed to hand over to the future prosecutor, which would take a look into the matter.
The delegation explained the actual situation of the Catalan political prisoner Juan Ramon Rodriquez Fernandez ('Juanra'), which is in prison in the Netherlands, fighting his extradition to Spain. The delegation emphasized that Juanra will have no chance for a fair trial in Spain, considering his political background and the actual political situation there. The Spanish state has outlawed various political organizations in the Basque country, including political parties, and human right organizations. Also three newspapers were shut down without any legal process yet. Further the delegation explained to Mr. Phakisto that there is clear evidence of the systematic use of torture in Spain, as it has been documented in great length by different organizations and institutions, like the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and Amnesty International. Juanras accusation is based solely on a testimony that was given by Fernando Garcia Jodra, a prisoner that was heavily tortured by the police during his interrogation. Jodras complaint that he was tortured is officially recognized by the commission against torture of the United Nations.
As stated by international law, a testimony given under torture has no validity and can not be used in court against the accused.
By extraditing Juanra the Netherlands would be collaborating with a regime that is violating article 7e (torture) and article 7f (persecution) of the statute of Rome of the International Criminal Court, as explained earlier.
The persons most responsible for this violation are Spanish prime minister Jose Maria Aznar and judge Baltasar Garzon.
Besides the accusation against these two men, the delegation handed over various documents that underlined the accusation, including the TAT report 2001 'Torture in the Basque Country', the document 'Freedom of expression and opinion and right of association in the Basque Country' and a petition to bring Spain before the International Criminal Court, signed by more than 700 organizations and individuals.
During the talk a group of demonstrators were spreading copies of the
accusation in front of the court building and carrying banners saying
'Aznar and Garzon are torturers'.