Word: lawness
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...this presents a daunting set of challenges for law enforcement. More heavy-handed efforts to clamp down on them, like the ones being employed by Russia in the North Caucasus, now seem to be doing more harm than good, by multiplying the sense of mourning and hurt that then become potential hooks for recruiters. Any solution must now reckon with the fact that the war on terrorism has become more than a matter to be dealt with by force...
...judge can just jump over the laws of the country," says Miguel Bernad, secretary general of Manos Limpias (Clean Hands), the group that filed the complaint against Garzón for alleged prevarication - or knowingly issuing erroneous judgments. "And in Spain, we have an amnesty law," he adds. Passed by the Spanish parliament in 1977, the amnesty law prevents the prosecution of perpetrators of crimes and their collaborators during the dictatorship, and is at the heart of a so-called "pact of silence" that eased the way for a peaceful transition to democracy...
...Manos Limpias was joined in its complaint by Franco's old fascist party, the Falange. Gónzalo Martínez-Fresneda, Garzón's lawyer, says a message has been sent to other magistrates that "they should not investigate the Franco regime's crimes or question the law of amnesty." If Garzón is convicted, he won't face any jail time but he could be removed from the bench for up to 20 years. (Read: "Exhuming Lorca's Remains - and Franco's Ghosts...
...question of whether Garzón willfully ignored the amnesty law when he declared jurisdiction in the case is open to debate. "Numerous sources of international law suggest that amnesties for crimes against humanity are inconsistent with a State's obligations to protect human rights, including the right of access to justice," Carolyn Lamm, president of the American Bar Association, wrote in a public letter to Spain's Attorney General, an opponent of the prosecution. "It is difficult in light of these principles to view [Garzón's] ruling as legally indefensible, or as warranting criminal prosecution." Garz...
...among some conservative Spanish politicians and lawyers, Garzón's high profile is viewed with disdain. "He's not a typical judge," says Araceli Manjón-Cabeza, a professor of criminal law at Madrid's Cumplutense University and a colleague of Garzón's. "And the Spanish judiciary doesn't typically look well on magistrates who draw attention to themselves." That may be an understatement. There are currently two other pending cases against the judge in addition to the one involving the Franco investigation. Garzón is also being investigated for dismissing financial misappropriation charges against...