For crimes of torture and crimes towards humanity.
The Best Courtroom (TS) has rejected that the Colombian paramilitary Carlos Arturo Romero Cuartas can also be attempted in Spain for crimes of torture and crimes towards humanity for the homicide, in 2001, of the college professor Jorge Adolfo Freytter Romero, as asked by way of one in every of his sons.
In a ruling, the Spanish Top Courtroom dismisses the attraction filed by way of the sufferer’s son and confirms that Spain does now not have jurisdiction to pass judgement on the case, in line with the nationwide law that these days regulates common justice
«The criticism isn’t directed towards a Spaniard nor towards a overseas citizen with ordinary place of abode in Spain. Nor towards a foreigner who’s in Spain and whose extradition has been denied by way of the Spanish government,” argues the TS.
The opportunity of making an attempt in Spain a criminal offense of genocide or crimes towards humanity dedicated out of the country was once decreased in 2009 to cut back it to circumstances during which the sufferers or alleged perpetrators had been Spanish.
In 2014 it was once additional limited and, since then, the accused has been required to be in Spain and his extradition has been denied.
The Legal Chamber of the Best Courtroom evaluations the Spanish law and the successive reforms and ratifies its constitutionality and its compliance with the global treaties signed by way of the rustic, which is why it concludes that this example can’t be attempted in Spain.
“The complainant’s dissatisfaction with the movements of the native jurisdiction, which is all the time preferential, can not make stronger absolute common jurisdiction towards our inner rules,” the Best Courtroom additionally argues.
Thus ends the judicial struggle initiated in Spain by way of Jorge Enrique Freytter, son of a Colombian professor, attorney and industry unionist abducted from his house in Barranquilla (Colombia) in August 2001, tortured and murdered.
In 2020, the Colombian State apologized for this homicide, perpetrated by way of paramilitaries of the Northern Block of the United Self-Protection Forces of Colombia (AUC) with the complicity of participants of the general public power.
The son, with Spanish nationality, demanded to analyze the construction and group that ordered the crime and appealed to the Spanish Justice, one thing that was once first rejected by way of a central investigative courtroom, then by way of the Nationwide Courtroom and now by way of the TS.
Freytter maintained on this attraction that the homicide of his father was once a part of a violent technique towards positive sectors of the inhabitants and was once, subsequently, a criminal offense towards humanity that the global neighborhood was once obliged to analyze and prosecute.
EFE
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