Incarceration of political dissidents Lt. Col Lakin, Commander FitzPatrick, harassment and persecution of me by the administration and Federal judiciary fall under the crimes in purview of the International Criminal bar
Posted on | November 22, 2010 | 3 Comments
Barreau Pénal International Criminal Bar
Colegio de Abogados Penal Internacional
Newsletter november 2010
1. ICB President Welcoming
Dear friends and ICB members,
Through these lines I introduce you the new newsletter that is conceived by different points of view.
This is because the Newsletter will collect different issues that you have had the chance to know
already through our new web site that we try to maintain it up to date every day and for this purpose
we ask you to collaborate in the chapter “opinions from ICB members” where all your opinions will
be published and all your notices will stand at margin of the ICB responsibility.
The newsletter has been for a long time an important instrument for the ICB in order to inform its
members on the activities and events that were of a high interest to all of us.
On this occasion, we have to thank Virginia Lindsay for the job she has done, for her commitment in
the preparation and the publication of the Newsletter and the value information it contained that kept
us updated with the last developments from the Court and kept as connected with the ICB.
Feel free to make any comment that you consider appropriate, pro or against, your critics, your
suggestion and opinions cause in the end, it is you, we all are the recipient and at the same time,
it´s us who give shape to this newsletter.
Good luck to the ICB and good luck to anyone who its part of it.
ICB BARCELONA SECRETARIAT
ICB Barcelona Secretariat is a new secretariat created after the election of Mr. Luis del Castillo
Aragón as President of the International Criminal Bar, on March 2010
This Secretariat was firstly created to support the new president in the fulfilment of its mandated
tasks and also to help ICB in the realization of the administrative issues.
Today, ICB Barcelona Secretariat is a solid and operative secretariat which counts on a team of
young lawyers and highly prepared professionals.
Barreau Pénal International Criminal Bar
Colegio de Abogados Penal Internacional
Newsletter november 2010
The daily activities this secretariat perform vary from: organizing events and Executive Committee
and Council meetings, giving information to people interested in the International Criminal Bar,
maintain correspondence with the ICB members, registration of new ones, membership fees
collection, website updating, publication of the newsletter, introducing ICB in South America and in
the countries with no representation in the International Criminal Bar, etc.
In the upcoming months this secretariat planes to organize some training session for lawyers and
a conference for the victims.
The ICB Barcelona Secretariat is willing to clarify and to resolve any administrative problem that
may arise and to assist any ICB member that will ask for its collaboration.
2. MEETING AT MONTEVIDEO
UNIVERS AL JURISDICTION AND THE INTER NATIONAL CRIMINAL COURTS
At the Training celebrated in CFCE, Spanish Cooperation Training Center, from the 11
th to the15th ofOctober in Montevideo, Uruguay, the most important aim was to ensure or guarantee the Fulfillment
of Human Rights.
The Opening Ceremony in the 11
Court of Justice in Uruguay, Mr. Jorge Omar; the Spanish Diplomatic in Uruguay, Ms. Aurora Díaz-
Rato, the Judge of the General Council of the Judiciary Sr. Ignacio Ubaldo, and the Vice President
of the General Council of the Spanish Bar Association, Mr. Blad Jesus Imbroda Ortíz. All of them
expressed their support for the Institutions for attending the Conference; in addition Mr. Imbroda
on behalf of the General Council expressed its support for the participation in the Latin American
Relations for the development of all the actions head for the defense of the Human Rights.
According to,
based on the following three important actions:
th of October, relied on the presence of the President of the SupremeBlas Jesús Imbroda, the evolution of the current International Criminal Justice is1) THE STATUTE OF THE COURT OF NUREMBERG in 1945,
2) THE CREATION OF THE COURTS FOR THE EX- YUGOSLAVIA AND RUANDA,
3) INTERNATIONAL CRIMINAL BAR CONSTITUTION, Mr. Roberto Busato, emphasized the importance
of the Creation of the International Criminal Court, understanding that shall be complementary to National
Criminal Jurisdictions established under the Rome Statute.
In relation with the intervention of the
committed in the Ex-Yugoslavia, manifested the principal problems in the Prosecution. In one hand,
Prosecutor, Mr. Javier Huete who discussed the crimesit was really difficult to prepare an accusation without the possibility to obtain evidences and without
an accused occasionally provoked by local hostility to international investigations,in the other hand,
obstructing the witnesses´s appearance in Court such as their testimony, for being afraid of their
Communitie´s reactions.
Luis del Castillo Aragón, the President of the International Criminal Bar Association,
Barreau Pénal International Criminal Bar
Colegio de Abogados Penal Internacional
Newsletter november 2010
reminded other different International Criminal Courts but he considered that the ICC set forth, by
the Agreement between The United Nations and the States Parties, is a Court which operates slowly
ensuring the fundamental respect on the right of defense which in addition supposes a high amount
of expense.
Mr. Del Castillo emphasized the difficulties created by some States which nowadays are not parties
to the Rome Statute recognizing conflicts between the National Laws and the International Criminal
Law, specially the problems due to the lack of Cooperation among States.
He remarked as a serious obstacle the real necessity of a Financial system which would be supported
by the Security Council. He proclaimed in addition the importance of increasing the Professional
Training approached Solicitors, Judges, and Jurists interested in the International Criminal Law.
Mr. Del Castillo reivindicated the necessity that the Spanish language will be considered as a working
language in the Court.
Mr. Jose Ricardo de Prada Solaesa,
in Argentina for the purpose of investigating the crimes comitted during the Militar Dictatorial System
and the Transitional Process in the middle 90s after the Investigation.
On Wednesday, the 13
presented by
considered nowadays the existence of the Legality over the Power of the States, the Internationalism
of the Human Rights and the actions to humanize the International Law.
After that, he carry out his personal analysis about the circumstances happened recently in Spain
comparing with a crossroad of tension created in front of the International Legality which represents
a backwardness in the Politics of Human Rights. According to his discourse, Spain was pioneer in
explained his analysis about the Truth Commission set forthth of October, the Opening Conference begun with the specialized speechMr. Ramón Sáez Valcárcel, representing the General Council of the Judiciary, whothe creation of the universal jurisdiction, nevertheless actually fail to fulfill the universal jurisdiction.
Regarding the intervention of
in Argentina, and concretely what succeeded between the barristers in “the night of ties” (noche
de las corbatas), incident that did not prevent the appearance of the
resulted a measure guaranteeing impunity, after the decadency fallen of the Military Government, in
front of the full opposition of the Bar Association. And subsequently with the
and full stop”
publicly their opposition even the moment seemed to be politically correct.
After the Creation of the
investigation of the war crimes committed while the Military Government, respond to a International
Requirement.
Mr. Carlos Andreucci, President of FACA, he described the situation“Autoamnesty Law”, which“Law due obediencewhich attempts at national reconciliation, before this circumstance Barristers declaredNational Commission on Missing Persons in Argentina, CONADE, for theBarreau Pénal International Criminal Bar
Colegio de Abogados Penal Internacional
Newsletter november 2010
At the afternoon session,
State Prosecution, presented to International Courts his speech about International Criminal
Jurisdiction in National Regulations and Cooperation between States. The Prosecutor made
reference to the Spanish Law and from his point of view and in accordance with the Constitutional
Court sentence over
judicata conditions and litispendency except in fraudulent cases, the absolute Universal Jurisdiction
suffered a predictable amendment in both limits and conditions. He thinks that the Act should be
criticized for changing a proper model which was operating successfully to one which limited the
power of the Spanish National High Court. This reform directly affected the Jurisdiction of the Court.
The Prosecutor, Mr. Pedro Martínez Torrijos, on behalf of the General“the Principle of Universal Absolute Jurisdiction” that was set forth by resMr. Sergio Herrero,
criminal complaints failed in Spain against Augusto Pinochet and finishing with the final decission of
extended his discourse about Pinochet´s Case firstly, beginning with thethe House of Lords which understood that the extradition of Augusto Pinochet shall be conducted
only taking into account the torture crimes o conspiration conducts under torture committed after the
8
th of december of 1988 and affirming the possility to admit the extradition to the Request State, inthis case, Spain.
But finally unfortunately, the Home Ministery decided to interrupt the judicial extradition process due
to consider that A. Pinochet was not actually in a properly health situation to be a plaintiff in a judicial
process, consequently Pinochet was inmediatly acquited and out of prison going back to Chile.
After,
Mr. José Ricardo de Prada, explained the Case in Gaza, Palestina, considering theincreasingly crisis situation of the Universal Jurisdiction in this terrible conflict, in his opinion, the
responsible Authorities have restricted the jurisdiction of the International Criminal Court which
means a deterioration of the Universal Justice.
CONCLUSIONS
The International Legality shall be applicated not only at an International Court also in the
Complementary National Criminal Jurisdictions providing by the constitutional instruments pursuant
to International Commitments.
In this respect, the Universal Validity of Human Rights involves as an inmediate consequence, the
liability of all States Parties in the prevalence of Human Rights and the struggle against the impunity
for the serious crimes of international concern.
According that is a fundamental requirement, the judges shall be chosen from among persons of
high moral character, impartiality and integrity who possess the qualifications required by States
Parties ensuring the existence of strong and independent Judicial Courts.
The Transitional Justice commit an essential role relating to reparations to, or in respect of victims,
including restitution, compensation and rehabilitation. On this basis their access to the Justice, the
Barreau Pénal International Criminal Bar
Colegio de Abogados Penal Internacional
Newsletter november 2010
obtantion of the True and the consequent Compensation for the Victims. It seemed to be rather
impossible to set forth a unique transitional justice valid for all the Countries and Conflicts; in all
cases the result shall be equilibrated, which must contain an effective justice and the real systematic
comprehensible true with the compensation of the victims.
We would like to take this opportunity for making a recognition to all the current process in South
America in the struggle against the atrocity, and also affirming the fundamental labor of the Non
Gubernamental Organizations.
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