the applicant was statute-barred, as supported by the dissenting opinion of Judge Costa joined by judges Kalaydjieva and Poalelungi, : under "Article 15 of the European Convention on Human Rights no derogation is permissible and in conclusion, the dissident judges considered that, in respect of Article 7 of the European Convention on Human Rights However, in the prevailing and joint concurring opinion of judges Rozakis, Tulkens, Spielmann and Jebens: Since the Spanish State of Franco had laws against kidnapping and killing, it might be difficult to argue that these acts were legal, even if they were directed by (Francoist) state officials, particularly as Garzón convicted the PSOE government officials promoting the GAL assassination squads. Impartiality questions On 17 December 2010, Garzón challenged five of the seven Supreme Court justices that could be appointed to judge him for his activities in respect of the exhumation of Franco victims. He alleges that Juan Saavedra, Adolfo Prego Oliver, Joaquin Giménez, Francisco and Juan Ramon Berdugo Monterde should be disqualified from officiating in any way because they have participated in pre-trial activities and thus may have an interest in the outcome that might affect their impartiality. These five judges have intervened in the investigation of the case, and the defence claims that consequently – and according to a strict interpretation of the principle of nemo iudex in causa sua – such intervention demonstrates these five judges an indirect interest in the outcome of the process. The background to this case is that conservative opinion generally asserts that "the dictatorship" is past, and exhuming its less savoury activities is injurious to modern Spanish political interests (as may be Garzón's extraterritorial attempts to accuse foreign nationals of crimes against humanity). Certainly founding members of the People's Party, such as Manuel Fraga, were members of Franco's government, and there may be a fear that the more aggressively socialist opposition may wish to use these exhumations to imply thereby the intentions of modern Spanish political leaders may be less than entirely democratic, and that established political entities may seek to influence the course of justice (for example – between 2005 and 2010 – when the PP and PSOE denied the Spanish Senate the necessary majority to approve fresh judges for the Constitutional Court of Spain) Banco Santander corruption allegation The allegation is that Garzón dropped (adjourned sine die) a case against the director of Santander, Emilio Botín, in