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Need to find the English version of
Thread poster: patyjs

patyjs  Identity Verified
Mexico
Local time: 07:16
Spanish to English
+ ...
Jan 22, 2008

the Organic Law of the Judicial Branch particularly article 23.4.

I have a large document which contains many quotes from documents I have had little trouble finding on the Internet. There are also several instances where this article is quoted. Although I can find many links which contain quotes from the same doc in English, I have been unable to find the doc itself.

Can anyone help?


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Capesha  Identity Verified
Local time: 15:16
Member (2006)
English to German
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Does this one help? Jan 22, 2008

(1) Legislation.Article 23.4 of the Organic Law of the Judicial Power provides that Spanish courts have jurisdiction over acts committed outside Spain where the conduct would violate Spanish law if committed in Spain or violates obligations under international treaties. Articles 173 to 177 of the Penal Code make torture a crime under Spanish law (Penal Code of 1995), Ley Orgánica 10/1995, de 23 de noviembre).(210) In addition, Article 23.4 of the 1985 Organic Law of the Judicial Branch permits courts to exercise jurisdiction over crimes ''committed by Spanish or foreign persons outside of national territory and capable of being proven under Spanish law, such as the following crimes: . . . (g) and any other [crime] which, under international treaties or conventions, should be pursued in Spain''




Spain is a party to the Convention against Torture. Therefore, Spanish courts may exercise universal jurisdiction over the crime of torture, which is a crime under national law and which Spain is required under the Convention to investigate and prosecute. Spain is also a party to the Rome Statute, although it has not yet enacted implementing legislation as of 1 September 2001. Torture is subject under Article 131 (1) of the Penal Code to a statute of limitation of 20 years, but one Spanish investigating judge has declared that torture is not subject to a statute of limitations.(211)




(2) Jurisprudence. As discussed in Chapter Two, Section V.A, the Spanish Court of Appeal (Audiencia Nacional) has upheld the jurisdiction of courts over torture committed by foreigners abroad.




The Audiencia Nacionalunanimously held on 4 November 1998 that it could exercise jurisdiction over charges that Argentine military officers, including former Presidents of Argentina, were responsible for torture committed in Argentina and other countries pursuant to Article 23.4 of the Organic Law of the Judicial Branch.(212) An investigating judge has issued arrest warrants in this case for 97 Argentine military officers and one Argentine judge on the basis of charges of torture and other crimes.(213)




The following day on 5 November 1998, Audiencia Nacional also unanimously held that it could exercise jurisdiction over charges that Chilean military officers, including former President Pinochet, were responsible for torture committed in Chile and other countries, pursuant to Article 23.4 of the Organic Law of the Judicial Branch.(214)




On 27 March 2000, an investigating judge opened a criminal investigation of former Presidents Efrain Rios Montt of Guatemala, Fernando Romeo Lucas Garcia and Oscar Humberto Mejia Victores and five senior police officers based on allegations of torture and other crimes under international law. For a description of this case and the decision of the Audiencia nacional,see Chapter Eight, Section II.




On 1 September 2000, Judge Baltazar Garzón issued a 196-page indictment against Ricardo Miguel Cavallo, alleged to be Miguel Angel Cavallo, a former Argentine military officer, linking him to 227 ''disappearances'', 110 cases of torture and the kidnapping at birth of 16 babies. The suspect had been detained a week earlier in Mexico and Judge Garzón had issued a request for the suspect's extradition on 12 September 2000 (see discussion in this section under Mexico).


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patyjs  Identity Verified
Mexico
Local time: 07:16
Spanish to English
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TOPIC STARTER
It most certainly does... Jan 22, 2008

Capesha, thank you.

I would still like to hear from anyone who can find the actual wording of the whole article 23.4. There seems to be tons of material that quote from it but none provide a link.

Here's hoping....



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Paul Merriam  Identity Verified
Local time: 09:16
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Whose version? Jan 22, 2008

I have no particular reason to believe that Spain has any official English version of this legislation. (After all, although Spain has several official languages, English is not one of them.) Did you need to match it to your client's version? If so, can your client provide it?

Chances are, any version you find is likely to have pieces that you think are poorly translated. Your efforts might be better spent translating it yourself.


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patyjs  Identity Verified
Mexico
Local time: 07:16
Spanish to English
+ ...
TOPIC STARTER
I see your point, Paul. Jan 22, 2008

The reason I believe there is an English version is that a lot of the material I am using for reference, in English, includes quotes from the Article. See for example pages 12+ of this: http://www.fafo.no/liabilities/CCCSurveySpain06Sep2006.pdf

The use of quotation marks leads me to believe this is not a translation by the document writer.
The reference that Capesha used above also has a quotation in English.

The English version of the Constitution is available from the 25th Anniversary site although English is not one of Spain's official languages, so I tend to think a document with such far-reaching international implications would also have a translation.

But, that being the case, why is so **** hard to find?

Thanks for your thoughts!

Paty

[Edited at 2008-01-22 20:30]


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