lunes, octubre 20, 2008


Las diligencias abiertas por el juez de la Audiencia Nacional, Baltasar Garzón, en relación con los crímenes franquistas, han abierto las carnes de los conspicuos oligarcas.
Al no contemplarse, ni mencionarse los crímenes cometidos por los revolucionarios anarquistas y socialistas o comunistas, provoca una división ideológica en la sociedad, que incide directamente en el corazón del pacto de la transición.

Como se recordará, este régimen oligárquico nació del pacto en 1976, de las fuerzas del régimen franquista y las principales fuerzas políticas de la oposición al mismo (comunistas especialmente activos a través de Comisiones Obreras, socialistas, nacionalistas regionales, etc.).

Para evitar la depuración de responsabilidades penales del pasado de los protagonistas del pacto, se promulgó la ley de Amnistía de 1977. Esta garantizaba la inmunidad de los presuntos criminales y la revisión del pasado de los protagonistas de la guerra civil de 1936, origen de la dictadura que Franco, ganador de aquella, prolongó durante casi 40 años.

Con dicha ley, junto con la elaboración en secreto por unas cuantas personas de la constitución vigente en 1978, se acabó la esperanza de la instauración de un auténtico régimen democrático de división de poderes y en la implantación de controles ciudadanos del poder político.

Esta macula del pacto, traducida en la ley de Amnistía, es la que chirría en la legitimidad jurídica de este régimen acomplejado, que nunca podrá sacar pecho, por que aflora de la acción política de hombres marcados por su pasado.

Sin entrar en la cuestión ideológica, de que la apertura de este sumario es o no una nueva maniobra para distraer la atención de lo que preocupa a la sociedad, la reflexión ciudadana parece evidente. Las competencias del juez son las mismas ahora que cuando tomó posesión de su plaza en al Audiencia Nacional, hace ahora 20 años. Por entonces los delitos ya se habían producido. También estaba en vigor la ley para tipificarlos como delitos contra la humanidad.
¿Porqué ha esperado Garzón tantos años para actuar?

Garzón es un simple instrumento, hijo adocenado de un sistema senescente que consciente o inconscientemente, necesita realizar la cuadratura del círculo; una depuración histórica sin la participación de sus ciudadanos.

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