Jesús Muñecas Aguilar

08.05.2016 ( Last modified: 13.06.2016 )
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facts

Jesús Muñecas Aguilar was born on 6 January 1939 in Daroca in Zaragoza, Spain.

During the 1939-1975 regime of General Francisco Franco, Muñecas Aguilar was a member of the Spanish Civil Guard, serving from 1961 until 1983. He was expelled from the Guard for his participation in Spain’s 1981 coup attempt, when 200 members of the Civil Guard took parliament and lawmakers hostage. He was subsequently sentenced to five years in prison for his role in the coup attempt.

In 2012, Muñecas Aguilar was accused of torture by the brother of his alleged victim. The torture allegedly took place in the Basque region town of Zarautz, Spain in 1968. The suit was presumably filed in an Argentinean court because a 1977 Spanish amnesty law prevents Spain’s courts from trying political crimes committed between 1936 and 1977, two years following the death of General Franco and end of his regime.

In 2012, the Argentinean court issued an international warrant for Muñecas Aguilar’s arrest under the principle of universal jurisdiction.

legal procedure

In 2012, the Argentinean court issued an international warrant for Muñecas Aguilar’s arrest under the principle of universal jurisdiction. Extradition proceedings were begun against Muñecas Aguilar in Spain on 5 December 2013. Muñecas Aguilar denied the allegations and fought extradition to Argentina.

On 25 April 2014, Spain’s national court denied the Argentinean court’s request for extradition of Muñecas Aguilar. In rejecting the request, the Spanish court ruled that extraditing Muñecas Aguilar on torture charges was not possible as the ten year statute of limitations on torture had expired. The court also noted that Muñecas Aguilar has no links to Argentina.

Although Muñecas Aguilar will not be extradited to Argentina by the Spanish courts, he remains subject to the international arrest warrant outside of Spain should Argentina elect not to dismiss the suit.