A bill to restore Universal Jurisdiction in Spain
Universal Jurisdiction is of the utmost importance for all those who fight for human rights, as it is an indispensable mechanism of justice whose objective is the fight against impunity derived from the commission of international crimes.
For decades, a series of proceedings were opened before Spanish courts under the principle of universal jurisdiction, such as the cases of Pinochet, Scilingo, Guatemala, El Salvador, the CIA flights, or Tibet, among others, which contributed effectively to place Spain as a reference in the application of Universal Jurisdiction and in the undisputed world vanguard of the protection of human rights.
Today, unfortunately, the possibility of achieving justice and reparation for victims of international crimes has been restricted due to the reforms of the Organic Law of the Judiciary 6/1985, of July 1, which occurred in 2009 and 2014. The first reform, operated by Organic Law 1/2009, of November 3, complementary to the Law on the reform of procedural legislation for the implementation of the new Judicial Office, limited the scope of universal justice, introducing the need to accredit certain points of connection with Spain or a relevant connecting link with Spain.
Subsequently, the Organic Law 1/2014, of March 13, included conditions that severely limit the competence for the prosecution of each crime above even the obligations of international law binding on Spain. It also put an end to the possibility of the exercise of the popular accusation, which had been so important for the prosecution of crimes against the most basic human rights by groups and entities for the defense of human rights. In addition to the above, the transitory provision imposed that the cases that were being processed would be dismissed until compliance with the requirements established therein was not accredited. This meant that serious cases of crimes against humanity were archived, depriving the Spanish courts of the procedural prerequisite of jurisdiction over these facts.
In February 2024, the Plenary of the Congress approved the consideration of the bill on the reform of the Organic Law of the Judiciary, focused on the protection of human rights and universal jurisdiction in Spain, passing its first parliamentary examination with 178 votes in favor, 168 against.
The Proposed Organic Law reforming Organic Law 6/1985, of July 1, 1985, on the Judiciary, for the protection of human rights and universal jurisdiction in Spain, aims to restore a system of international justice that avoids impunity for serious human rights violations.
It proposes the suppression of paragraph 6 of Organic Law 6/1985, of July 1, 1985, of the Judiciary, to recover the popular action and the possibility of filing a complaint before the Spanish courts in crimes for which the universal jurisdiction of these courts is contemplated.
Likewise, it also proposes to modify Article 23.4 of Organic Law 6/1985, of July 1, 1985, of the Judiciary to adapt the prosecution of crimes which, according to Spanish laws or international treaties ratified by the Spanish State, may be considered crimes against human dignity for violating the most basic human rights.
It also recovers access to universal justice before Spanish courts for the prosecution and conviction of the persons responsible for these crimes, eliminating the conditions that restricted it.
Finally, a transitory provision is introduced that allows proceedings that were archived by the single transitory provision of Organic Law 1/2014, of March 13, to be reopened to continue their process.
The initiative is currently in the parliamentary process. The deadline for the presentation of amendments has been extended until September 4, 2024.
