That Klaus Kinski also plays Count Dracula means that madness bristles at the edge of every manicured line of chiaroscuro:
|U.S. News | Latest National News, Videos & Photos - ABC News - ABC News||The friends he made in those days—most particularly Henry WoolfMichael Mick Goldstein and Morris Moishe Wernick—have always been a vital part of the emotional texture of his life.|
Although he was found guilty of 30 killings, one arbitrary detention and other arbitrary detentions as an accomplice, Scilingo will serve 25 years imprisonment, with credit for extensive pre- and post-trial detention. The decision constitutes another chapter in the tangled history of efforts by Spanish courts to interpret domestic and international law to charge individuals who fall within Spanish universal jurisdiction law with extraterritorial crimes.
In the highly formalistic civil law tradition of Spain, it is quite extraordinary for the Supreme Court to find criminal responsibility for crimes against humanity in customary international law without a previously defined provision for that offense in the criminal code of Spain.
No offense of crimes against humanity was on the books in Spain, either at the time of the offenses in question or the time of commencement of proceedings. Nevertheless, the Supreme Court upheld the conviction as consistent with the principle of legality. This decision, which adopts the reasoning of the lower courts on crimes against humanity, has encouraged further criminal prosecutions in Argentina for crimes against humanity.
Case Background A December Insight described developments in the Spanish courts on what then appeared to be the eve of the trial of Scilingo and another mid-ranking naval officer, Ricardo Miguel Cavallo also known as Miguel Angel Cavallofor crimes committed during the Argentine "dirty war" between and The delays in both cases were due in part to the complex procedural maneuverings by the defense, as well as two political and legal developments in Argentina and Spain.
That case involved claims by Nobel laureate Rigoberta Menchu and others of massive crimes by leaders of the military government against the Mayan indigenous peoples of Guatemala.
Therefore, prosecution and punishment are not only a shared commitment, but a shared interest of all states. Second was the decision by the Argentine Supreme Court, on June 14,declaring void all immunity laws previously adopted in that country, thus raising at least the possibility that Cavallo might be extradited back to Argentina for trial.
The Audiencia dismissed genocide and terrorism charges, as well as a charge of torture as a common crime. Reversing the usual order of analysis, the Chamber discussed the application of the statutory provision on crimes against humanity before it discussed jurisdiction over the matter.
Principle of Legality The Chamber acknowledged that the legality principle requires lex previa, stricta, scripta and certa - that is, a thorough written description and definition of the prescribed conduct, adopted prior to when the conduct takes place.
The majority further noted that Article Article bis is defined as an offense against the international community; it contains the essential elements of murder and illegal detention, which were well-established crimes under prior law; and it adds the statutory requirement that those crimes be "committed as part of a widespread and systematic attack against the civilian population or part of it, or as well when they are committed by reason of the membership of the victim in a group or collective persecuted on political, racial, national, ethnic, cultural or related grounds, or other grounds universally recognized as unacceptable in international law.
The Court concluded that crimes against humanity are included within Spanish jurisdiction because they are "offenses essentially identical in their nature and gravity" to those of genocide, crimes against peace aggressionand war crimes, and that "all of these pertain to the core of the most serious attacks on basic Human Rights.
The two cases, originally joined, were severed before trial.
Cavallo had been extradited to Spain from Mexico in June of On July 18, the Spanish Supreme Court reversed a December decision by the Audiencia in which it found that it was without jurisdiction to try Cavallo and asking Argentine authorities to seek his extradition.
Cavallo, who had been freed by the decision of the Audiencia in late January of this year because Argentina had not proceeded on the extradition request, voluntarily appeared only one day later before another judge of the Audiencia charged with control over the extradition process.
He was promptly re-arrested. If Cavallo is released, there is little hope that his trial will proceed, and he is more likely to return to Argentina, voluntarily or not. This would contravene the explicit order of the Mexican Supreme Court, which, in ordering his extradition to Spain, barred his return for trial to Argentina.
The Spanish Congress is also acting to further extend the extraterritorial jurisdiction of the Spanish courts. Inthe Congress added the offense of female genital mutilation to those for which extraterritorial jurisdiction lies, and another amendment is now pending to implement the UN Convention against Transnational Organized Crime, which Spain ratified, by adding the offense of illegal immigration or clandestine trafficking in persons on the high seas, a significant problem for Spain in recent years.
Barreiro faces criminal charges of visa fraud in the U. Wilson wishes to thank Antonia Macias, Hugo Relva and Gregorio Dionis for their review of drafts and provision of materials for this Insight.
Footnotes  The decision "Decision" is available in Spanish on the website of Equipo Nizkor, at http: That website has complete documentation, with some English translations, on the procedural history of the Scilingo case and other important cases involving the application of universal jurisdiction in the Spanish courts.
HereConstitutional Tribunal Second Chamber. September 26,Am. See also, Peter A. In a decision last year, the Criminal Chamber of the Supreme Court reviewed another dismissal by the Audiencia of an action filed by several followers of Falun Gong in China.
In its decision of June 20,the court is blunter about its disagreement with the Constitutional Tribunal: Educational and news media copying is permitted with due acknowledgement. Caitlin Behles serves as the managing editor.Last Homecoming and Trial by the Spanish Military Court After being held prisoner in Barcelona, Rizal was ordered by General Eulogio Despujol that he would be shipped back to Manila via the transport ship Colon.
On board the vessel, Rizal was told that the Madrid newspapers were full of sto. THE LAST HOMECOMING AND TRIAL OF RIZAL.
Research Rizal (Chapter 20 to 24) INTRODUCTION Martyrdom at Bagumbayan 02 Rizal¶s Prison Cell Martyrdom at Bagumbayan 03 A Spanish military physician, Dr. Felipe Ruiz Castillo, asked his permission to feel his pulse. He was amazed to find it normal, showing that Jose Rizal 5/5(6).
Chapter Last Homecoming and Trial * Ang paguwi ni Rizal noong ang pinakahuli at pinakamalungkot niyang paguwi sa Pilipinas. Alam niyang isang mabigat na pagsubok ang kahaharapin niya sa kanyang pagdating at maaaring kumitil sa kanyang buhay, ngunit hindi siya natakot. Bumbum Last Homecoming and Trial by the Spanish Military Court After being held prisoner in Barcelona, Rizal was ordered by General Eulogio Despujol that he would be.
The military court met not to give justice but to condemn him. Col. His case was pre judge he was considered guilty before the actual trial. RicardoMunoz Arias.
and many Spaniards. The "last hurrah" for the Ku Klux Klan in Reconstruction Texas occurred at _____, where a year-long investigation and trial led to the conviction of three men who murdered the speaker of a Republican rally and two freedmen.