It is the second trial in as many weeks for the 56-year-old Baltasar Garzon, although the charges at the Supreme Court are essentially the same: that he knowingly exceeded the bounds of his authority.
Last week he stood trial for ordering jailhouse wiretaps in a corruption investigation. In this case he has been indicted for investigating more than 100,000 civilian deaths and disappearances at the hands of supporters of the late dictator Gen. Francisco Franco.
The crimes took place during and after Spain’s 1936-39 civil war, which brought Franco to power.
Such crimes were covered by an amnesty passed in 1977 as Spain moved to restore democracy after Franco’s death in 1975, but Garzon investigated anyway. He argued that crimes involving missing persons cannot be covered by amnesty, and that the killings and disappearances amounted to a crime against humanity by the Franco regime and such atrocities have no statute of limitations.
Spaniards are highly divided over Garzon — he has rock star status among rights groups but conservatives deride him as being more interested in fame than in justice.
Human rights group say it is appalling that Garzon — who has pioneered universal jurisdiction, or the idea that some crimes are so heinous they can be prosecuted anywhere — is being put on trial at home for daring to probe what is arguably Spain’s biggest unresolved human rights case. They say he is being targeted by Spanish right-wingers and it would be a tremendous embarrassment and setback for the Spanish justice system if he is convicted.