Baltasar Garzón declared himself competent in 2008 to investigate crimes committed by the Franco regime in Spain between the years 1936-1951, including crimes of enforced disappearances of persons (illegal detentions without accounting for the whereabouts of the victim) permanent crimes in the context of crimes against humanity. This became known as the case of Historical Memory.
By investigating these crimes, which now have an open criminal case in Argentina promoted by victims and in accordance with the principle of Universal Jurisdiction, criminal proceedings for prevarication were opened in 2010. Finally, the Supreme Court acquitted them, while closing the possibility of criminal investigation into these crimes, leaving victims defenceless.
Currently, admission is pending for processing the case presented by Garzón before the European Court of Human Rights in Strasbourg, on the grounds that the suspension of the functions in this case demands legal independence and free interpretation of the Law, as well as assuming a threat to all judges in their work of interpretation of standards and fairness in their legal proceedings.