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Zapatero: Spain Will Not Lag Behind Europe: Labor Activists Detained For Tampering With Train
Zapatero: Spain Will Not Lag Behind Europe: Labor Activists Detained For Tampering With Train
Zapatero: Spain Will Not Lag Behind Europe: Labor Activists Detained For Tampering With Train
com
Prime Minister Jos Luis Rodrguez Zapatero smiles at yesterdays miners rally in Rodiezmo. / reuters
EL ROTO
Edward Kennedy
CARLOS FUENTES
Years ago I received Edward Kennedy in my house in Mexico City. The company was numerous and everything went well until an intelligent and provocative friend of mine asked a question that directly criticized, not US policy, but the nation itself. Then Kennedy said: Lets go in to dinner. It was one thing to criticize the policies; another to criticize the nation itself. In 50 years of political activity, Kennedy always respected this distinction. He attacked and altered numerous laws, but never cast doubt on the national integrity of the United States. He criticized and changed acts of government that to him seemed contrary to the Constitution and the nations laws, but never considered that such criticism went against the country. This explains, for example, why he was one of the 23 senators who voted against George W. Bushs decision to invade Iraq. Time proved him right. The war was for oil and hegemony, not part of the fight against Al Qaeda, among other spurious reasons given for the invasion. Al Qaeda was not present in Iraq, because the dictator, Saddam Hussein, did not allow it there. Now, of course, Al Qaeda does operate in Iraq. He also opposed the sale of arms to the Chilean dictator Augusto Pinochet, and favored sanctions against the South African apartheid regime (supported by Dick Cheney). The legislative bills brought forward by Senator Kennedy address questions such as civil rights, refugees, the right to vote, public education, the minimum wage, the judiciary and social security. I would like to highlight two matters. The last time I talked to Kennedy he was concerned with legislation to protect immigrant workers. The most reasonable initiative, the KennedyMcCain bill, had been shelved by Congress. But Kennedy kept seeking a solution that would benefit both the US economy and the migrants. His proposal was to legalize the Mexican workers already present in the States, while imposing strict legal conditions on new applicants. I insisted on another necessity: supplying jobs in Mexico so people will not be forced to emigrate. In my view, sending workers to the United States who send back remittances to Mexico is an explosive practice, when other workers cannot emigrate and cannot find work in Mexico. Another important Kennedy concern was health coverage. Unlike most European states, the United States lacks universal medical insurance for its citizens. All efforts to introduce it come under virulent attack from private interests. President Obamas present initiatives are called socialism, while the unspeakable Sarah Palin now speaks of murdering old people. Behind this lie the interests of insurance companies who (for example) cancel the policies of cancer patients (20,000 policies canceled in California in the last five years, saving the companies $300 million), and who exorbitantly raise the rates of companies with one single employee fatality. Obama and Kennedy asked why the United States cannot sustain a health insurance system similar to those of France, Germany and Scandinavia which, for Sarah Palin, are no doubt communist nations. These interests pay for a relentless campaign of inflammatory provocation in the media, where you can hear slogans such as Obama is Hitler. Such is the rhetoric that the measures sponsored by Kennedy, and now by Obama, are up against. Perhaps Kennedys passing will serve as a call to awaken all Democrats, and reasonable Republicans, to the clear necessity of the things he stood for. I remember Ted Kennedy as a smiling, active man, who liked sailing in rough waters, and rough football, and a dive into a freezing swimming pool, followed by a martini, equally cold. May he rest in peace. Carlos Fuentes is a writer.
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NEWS
Database is new weapon in fight against gender violence
MNICA C. BELAZA, Madrid
A newly created database seeks to coordinate the work of police, judges and government institutions in cases of domestic violence. The surveillance program, which was introduced last week by the Interior and Equality Ministers, Alfredo Prez Rubalcaba and Bibiana Ado, already manages information on more than 102,000 women, and by the time it is fully implemented across Spain it will include all relevant data regarding police complaints, criminal records and court proceedings in connection with cases of abuse. The new system is expected to help evaluate the risk factor for each victim, and protect them better by forcing the Civil Guard, the national police, the prison system and attorneys offices, among others, to share existing information. In coming weeks they will be joined by judges, the Catalan and Navarran regional police forces, a few local police units and the social services, Prez Rubalcaba and Ado said. Ultimately, the government hopes that this program will prevent future instances of women whose deaths at the hands of their partners might have been prevented through a more coordinated protection program. From now on, neither judges nor the police will be caught by surprise if a convicted wife beater is discharged from prison, nor will authorities be able to allege that they did not know the assailant had a criminal record.
Only 11 percent of the prison population is currently on provisional release. / gorka lejarcegi
A lot of prisoners for a few crimes: are Spains penal laws too tough?
Emphasis on locking up offenders undermines notion of reform, lawyers argue
PERE ROS
The long-held contention that criminals in Spain enter jail and then leave by a revolving door is not backed up by any official data. Spain is the EU country with the highest rate of prisoners per population, while having at the same time one of the lowest indexes of criminality. There are several reasons that explain this paradox, including the stiff sentences handed down for common offenses, such as burglary and drug dealing; the continual changes to the Penal Code, including the incorporation of new offenses; the difficulties in attaining early release; and the general reluctance of the state to grant parole. Spanish prisons are full of the poor, invalids and drug addicts. They make up more than 70 percent of the prison population, says Mercedes Gallizo, the general secretary of Penitentiary Institutions. She has spent years trying to remind society that the purpose of prison should be to rehabilitate the inmate, not simply keep them locked up. The 1995 Penal Code sparked a rise in the prison population that continues to fill new jails at an accelerated rate. Three years ago, there were 63,800 prisoners. Today there are 76,485. The ratio in Spain is currently 166 prisoners for every 100,000 inhabitants, putting Spain ahead of Britain, with 153, Portugal, 104, France, 96, and Italy, 92. That said, the criminality rate (number of penal infractions per 1,000 people) is one of the lowest among the 15 countries measured. In 2008, Sweden headed up that list, with 120.4, followed by the United Kingdom (101.6). Spain scored 47.6, beaten only by Greece (41.2), Portugal (37.2) and Ireland (25.2). Its been obvious for many years now that the prison population level has no relation with criminality, but rather with penal policies. What is happening in Spain is not that judges are sending more people to jail, but rather that those in jail spend longer there. So says Luis Dez Ripolls, professor of penal law at the University of Mlaga and director of the Andalusian Institute of Criminology. Should a first-time offender go to jail? asks Eduardo Navarro, a magistrate in the Barcelona High Court with 20 years of experience. Society thinks that they should. The problems I have had as a judge have stemmed from times when I didnt send someone to jail. Changes to the Penal Code in 1995, pushed through by Socialist former Justice Minister Juan Alberto Belloch, saw to it that prisoners served their full sentences. As such, very few prisoners are allowed to experience a positive progression in their prison life, which would include parole periods, provisional release and then full freedom. Just 11 percent of the prison population is currently on provisional release. It is completely unnecessary to spend that much time in jail, argues Jos Cid, professor of penal law at the University of Barcelona. The Madrid-based lawyer cause if you could, there would be no taxes, he argues. There needs to be a change to the laws so that prison is the last resort not the first and only one. Galn also questions the fact that certain offenses are considered crimes. The Constitutional Court can say what it likes: it is outrageous that threats from a husband to his wife be called a crime. And the latest reforms to traffic laws were completely over the top. There are currently 3,721 people in jail on domestic violence charges, with a further 816 inside for driving offenses. The Penal Code is hard on the minor stuff and weak on the major stuff, asserts Dez Ripolls. Courts tend to be more understanding with certain offenses as the law is open to interpretation, says Barcelona lawyer Lidia Lajara, who has 16 years of experience in her field. There are many different types of judges and it would be unfair to ignore the fact that many of them believe in rehabilitation and opt for it, says Jos Cid. You cant not punish the offender, says Dez Ripolls. But you can do so without being so hard and making use of policies that have already shown good results in other countries. Like in Finland, he continues, which had the highest prison population rates in Europe at the beginning of the 1980s and is now at the bottom of the list.
Risk factor
The program includes an application that evaluates the risk factor for each victim based on 19 variables ranging from use of weapons to sexual abuse. The police will also have to conduct periodic checks to redefine the level of risk. There are over 100,000 reports of domestic violence a year, and the government hopes that this system will help prioritize cases and assign resources more effectively. That the system still has flaws is apparent, however: of the 39 women who have been killed by their partners so far this year, six were already part of the new surveillance system. Still, most of this years victims had never reported their partners at all. The initiative is part of a wider government campaign to address the problem of domestic abuse, which began with the passing of the Domestic Violence Law in December, 2004. The law included the setting up of special courts for abuse cases.
Spanish prisons are full of the poor, invalids and drug addicts The problems I have as a judge come when I dont send someone to jail It is outrageous that threats from a husband to his wife be called a crime
Jos Luis Galn has 35 years of experience under his belt, and has no doubts that the situation is increasingly unsustainable. He feels that a change to the law is inevitable. What you cant do is play to the gallery. You cant always legislate to win votes, be-
FEATURES
Francos victims
Franco used the new laws as means of repression and of seizing money My father threw oranges off the train and hungry kids came from all over
dictatorship is still recent. After 70 years of waiting, is it too late do anything in Spain? The government thinks so, but for the families of those who were stripped of their possessions and dignity, it will never be too late. Roberto Rodrguez, age 68, has spent his entire life running a modest boarding house in Madrid, but he is a rich man. At least thats what two old papers say, the receipts for 9,000 and 9,535 pesetas that his father and grandfather had to hand over to Franco: a fortune for that time.
His family turned it in without resistance at the town hall in Cabezamesada, Toledo province, because they were afraid. For the same reason, they never dared to claim it back: They would have been risking getting killed for being Republicans. Saving their lives was enough. My uncle Lzaro was executed in 1939. My father also had to renounce his share: 7,000 pesetas. What Republican would dare to ask Franco for anything? My father would have left eight orphans! The fact that the owners of this money had been executed and buried in mass graves was never an impediment: the regime would claim their assets anyway. The winners took everything the losers had and divvied it up amongst themselves. They executed heads of households and stole from their widows; they unceremoniously took the money these families needed to feed their children during the post-war period; they stripped them of their way of making a living, their trade, purging the teaching corps and confiscating their small businesses, bars and restaurants and all done with the protection of legality. An official state bulletin (BOE) from September 1938 orders the Bank of Spain to seize red money. Now, 70 years later, the affected families are taking this to the government. If the state took it away from us, the state must give it back, says Lidia Jimnez, treasurer of the association that represents the victims. Franco had two ways of impoverishing and humiliating the enemy: provincial confiscation boards and the Political Responsibilities Law, which he used as a means of repression, but especially, of seizing money. The law was supposed to seek political responsibility, but it was really a way to confiscate assets. Often they went after someone because they had money. Until 1941, around 125,000 files were opened, and after that, around 200,000. They would impose sentences that took away peoples freedom, but above all economic ones, confiscating everything they owned and forcing them to pay steep fines. The Political Responsibilities Law was also a way to settle scores. One neighbor would denounce another to take his bar or his small business, says Julin Casanova, professor of contemporary history at the University of Zaragoza. Even so, these families man-
Roberto Rodrguez shows the document which states how much money was confiscated from his family. / g. l.
aged to survive. My parents really struggled. My father got very sick fighting on the front and soon after that, my mother had to hand over to City Hall the 7,300 pesetas they had saved up. They were left without a cent. We didnt even have anything to eat, says Mara Casals, from San Vicente de Castellet, Barcelona province. I remember how one time, my father passed by our house on a train. They were coming from Valencia and he threw me some oranges. I didnt even get one because hungry kids came from
all directions and grabbed the lot. My parents really suffered: jobless, penniless, after a war We managed to get by because there are always good people, and a shopowner let us buy on credit. I dont know if he knew at the time what had happened to us, because people were afraid to talk about those things, but he helped us anyway. Like Roberto, Mara doesnt need that money anymore. But my parents suffered a great deal, unjustly, and they would be happy to know that Im fight-
ing for them, says Mara. For Roberto, its a question of dignity: Our entire lives we were the pariahs, the Commies. People would look at us as like we had the devil in us... If I want that money back, its to restore my familys dignity. It belongs to them, Lidia Jimnez insists. We waited for democracy to arrive, because we thought that would make everything right. Political parties and labor unions recovered what had been stolen form them, but not us. Then we waited until the Historical Memory
Francos victims
Law was passed, but we werent included in that, either. How much longer will we have to wait? It should be settled now, while the affected individuals are still alive! Were racing against the clock because these are very old people. Theyre not asking for handouts; they just want back what is theirs. And that money is in the states coffers because it was the state that took it from us. Lidia adds: All the political parties have told us that they understand our case and the damage that was caused, but no one dares to settle the matter. Why have they done it for others, but not us? Recently the Catalan nationalist coalition (CiU) deputy Jordi Xucl asked the congressional Constitutional Committee to vote in favor of a petition to draw up a census of individuals affected by Francos confiscations and try to compensate them. This parliament compensated the political parties and labor unions, but has been too ashamed to make reparations to the losers. Both of the main parties the opposition Popular Party and the ruling Socialists voted against the proposal. The Socialist Jess Quijano argued that compiling such a census could generate false hopes and, in any case, there was no documentary evidence allowing money seized under the Franco regime to be returned. CiU also called for compensations to be made to the clergy affected by the Anarchist collectivizations of 1936. Franco was the winner and he took whatever he could. He stole from the rich and the poor; from politicians and farmers. For example, the machines of the newspaper Solidaridad Obrera [Workers Solidarity], which in Barcelona competed with La Vanguardia, were taken by the victors, who started printing Solidaridad Nacional
FEATURES
looked to the future. Thats why for him, the most important thing was for each of us to get an education that would allow us to be independent, without having to rely on anything from that previous other life. Do these families still have a chance to recover what is theirs? In other dictatorships that seized a great deal of property, as in Argentina, this matter has been solved, but only a very short time had gone by. The big problem here is the 70 years difference, says Casanova. The political elite of the Republic died in exile. If they had returned upon Francos death, not only could they have initiat-
Negrn had fought for the Republic, but he didnt fight for his own wellbeing Argentinas dictatorship seized property but this has since been solved
ed that reparation process, they would have been the focal point of it. The Jews claimed the assets that the Nazis had seized from them in reparation commissions set up right after the end of the war. Those who missed that opportunity are still battling to recover their property, particularly works of art, in court. In the former USSR, religion was banned, and all the Churchs assets were confiscated. Over time, theyve recovered them. The Orthodox Church has come out of that reparation process much stronger, adds Casanova. But here, the problem is time.
A receipt for the 9,000 pesetas requisitioned from Roberto Rodrguezs father in 1939, the Year of Victory.
If I want that money back, its to restore my familys dignity The Popular Party and Socialists voted against a proposed victims census
[National Solidarity], says Casanova. Of course, the dictator also appropriated the assets of political parties and labor unions
such as CGT and UGT, which had amassed a large amount of money thanks to fees from their members and also owned numerous properties. The transition pacts of the 1970s allowed them to be returned, but the Republican families or elites who had been forced into exile, such as the Republican prime minister, Juan Negrn, did not have the same luck. Negrns granddaughter, Carmen, is still fighting for those assets in the courts. There were more than 25 properties, some of which were very important, which have been built over, sold and resold. The buyers, even when it is the state, generally claim that they were bought legally.
The seller, of course, was usually some friend of the regime. Today they would be worth several hundred million euros. Despite the size of the lost legacy, Carmen Negrn says this battle is a matter of principles. Her father named one of his companies after one of the estates that had been taken from the Republican leader, and one of Carmens uncles fought on behalf of the heirs to recover the lost assets. In a way, I think that my father and my uncles may have been more affected than my grandfather, who was more realistic. He had fought for the Republic, but he wasnt willing to fight anymore for his personal wellbeing. He
Julin Casanova
On January 26, 1939, General Francos troops entered Barcelona. On February 9, less than two months before the Civil War would end, Franco signed in Burgos the Political Responsibilities Law, the first act of revenge upon which the dictatorship was built. It called for the political responsibility of legal entities and individuals who, as of October 1, 1934, helped to create or aggravate subversion of all kinds that Spain fell victim to, as well as those who, as of July 18, 1936, have opposed or oppose the National Movement with specific actions or extreme passivity. As a result, all the parties that had made up the Republic eras Popular Front and their allies, the separatist organizations, would suffer the total loss of all rights of all kinds and all their assets, which became in their entirety, state property. This repressive, confiscating apparatus wrought havoc among the Republicans and the losers, declaring open season on arbitrary, extrajudicial persecution. In daily practice, this often led to sacking and pillage. By October 1941, files had been opened on 125,286 people
and around 200,000 more were targeted in the following years. The law was revoked on April 13, 1945, but the dozens of files that had already been opened ran their course until November 10, 1966. The sanctions stipulated by the law were extremely harsh. According to Article 8, they could take three forms: restrictions on activity, either total or professional; limitations on freedom of residence, which entailed forced exile, banishment to our African possessions, or confinement; and economic sanctions, including the total or partial loss of property and the payment of fines. Illustrious Republicans, political authorities and union leaders fell victim to this law, which punished thousands of people who had already been executed, banished, forced into exile, imprisoned or whose whereabouts were unknown. The affected individuals and their families, accused by their neighbors and found guilty by the courts, were left totally destitute. According to this law, the examining magistrate was to order that reports on the alleged perpetrator be sent immediately to the Mayor, the Local Head of the Falange, the Parish Priest and the Civil Guard commander in the town where this individual had his last residence, regarding his political and social record
before and after July 18, 1936. The law thereby established the circle of powerful, omnipresent authorities with unlimited coercive and administrative power that would control, during the long years of the Franco regime, citizens estates and lives: the mayor, who was also the local head of the Movement, the Civil Guard post commander and the parish priest, a triumvirate of political, military and religious domination. The Political Responsibilities Law gave the Catholic Church the opportunity to become a para-police investigation agency. It wasnt enough that the Church, loaded with privileges after winning the war, had recovered its role as official guardian of morality and proper conduct. Thanks to this law, parish priests became investigators of the past of all residents suspected of having subverted public order and, of course, of having attacked the Church. These accusations would implicate not only the alleged perpetrators, but also their entire families. With their reports, they approved the legal extermination orchestrated by the victors and played a fundamental role in creating the web of revenge, envy, hate and hostility that descended upon daily life in small rural communities during the postwar years. Hate, revenge and malice fueled the
desire to plunder the thousands of positions in state administrations, city halls and local and provincial governments left vacant by those who had been executed or suffered reprisals. A very high percentage of these vacancies up to 80 percent were set aside for ex-combatants, ex-prisoners and relatives of martyrs of the Crusade. To access the rest, candidates had to demonstrate total loyalty to the principles of the winning side. Therein lies one of the foundations of lasting support for the Franco regime: the unwavering support of all those who benefited from its victory. Thousands of files and reports by security forces, clergymen and Falangists, as well as guarantees and safe-conducts discovered by historians in recent years, serve as proof of how a significant portion of the populace contributed to this system of terror. Hundreds of thousands of people had fought on the side of the victors, accepted the legitimacy of this regime forged in a pact of blood and adored Franco for having freed them from the revolutionaries; for offering them peace and tranquility. Without the involvement of these citizens, the terror would have been limited to force and coercion. It is important to remember this now, over 70 years after it all began, as a form of resistance against the silencing and falsification of the facts. Julin Casanova is a professor of contemporary history at the University of Zaragoza.
SPORTS
Lorenzo loses steam after Rossi takes San Marino GP
EL PAS, Madrid
After finishing second behind his Yahama teammate Valentino Rossi at the San Marino Grand Prix on Sunday, Spains Jorge Lorenzo said that he had little hope of winning the MotoGP championship this year. I can only win if something strange happens. At 30 points behind, its possible, but after this race, very improbable, he said. Dani Pedrosa, who extended his contract at Honda, finished third. Spains Hctor Barber took the 250cc race and Julin Simn won the 125cc race, both for Aprilia. Spains loss to the United States in the Confederations Cup in June was a mere bump in the road. The European Champion is back, and its 5-0 thrashing of Belgium in Saturdays World Cup qualifier, served as evidence that Spain is no longer taking any rival lightly. Still, although Spain is a perfect seven-for-seven in its group, coach Vicente del Bosque considers it a pity that his team has yet to earn automatic qualification for the South African tournament. Ahead of Wednesdays match against Estonia, Spain leads in Group 5, six points ahead of Bosnia. Before kick-off on Saturday, coach Vicente Del Bosque warned his side that the young Belgians should not be underestimated. And despite the result, the reigning European Champions lead was just a goal at half time. We played very well from the start and should have been further ahead at the break, said David Villa, who added two goals and two assists to the night, despite missing a penalty he had earned himself in the first half. The Valencia striker now leads Spains active players with 33 goals in 51 appearances, and trails the all-time record held by Real Madrids Ral by just 11 goals. Another of the nights heroes was Villas Valencia teammate, David Silva, who came back from an absence caused by injury to lead off the scoring for Spain (assisted by Villa) before also putting in the 4-0. Last season I lived with a rash of injuries, and now after a good preseason, I feel very good, the skillful midfielder said.
David Silva came back from injury to score two for Spain. / afp
Rounding off the scoring for Spain was the increasingly audacious defender Gerard Piqu, again set up by Villa. As he continues to test out his line-ups, Del Bosque surprised pundits by starting Barcelonas sophomore player Sergio Busquets, leaving recently recovered Euro 2008 veteran Marcos Senna on the sideline. Of Senna, Del Bosque rationalized what only the most fortunate of coaches can: We didnt want to take any chances, plus [Belgian midfielder Marouane] Fellaini is a pain in the ass. Busquets took care of it without a problem. The rotation issue is really just an example of the kind of
pseudo-problem facing the Spanish coach. When all of his players are healthy, Del Bosque boasts an excess of talent, especially in midfield, evidenced by the fact that on Saturday, Arsenal captain Cesc played just 20 minutes in the second half, earning a selfless assist in the process; and that Santi Cazorla, another staple midfielder during last summers European Championship run, did not touch the field. When starter Andrs Iniesta comes back, the coachs dilemma will only deepen. But, again, having to play tetris with talent is not really a problem, but rather a symptom of what Belgium coach Frank
Vercaueren put bluntly: Spain was simply too good, this time around. In a sense, it was no match, he said.
BUSINESS
Digging up the road: Left, renovation work on Prado street in the Basque city of Vitoria. Right: the state of Vigos central plaza Puerta del Sol. / l. rico / lalo r. villar
Zapatero Plan will not increase the countrys growth potential. That said, he accepts that the plan is not a structural measure but one aimed at reducing unemployment in the short term. The benefits will be short-term, but the 8-billion debt will be permanent, he warns.
Furthermore, the total number of new jobs created is 175,000, just over half the total planned. Jos Antonio Herce, the head of Analistas Financieros Internacionales, is also skeptical. The public works being carried out will do little to improve the competitiveness of towns and
cities. They have improved the unemployment figures for the last three months, but the rate will go back up again. Nria Bosch, an expert in public spending, defends the plan, saying it has allowed many local councils to undertake muchneeded public works projects that otherwise would have been mothballed for years. That said, she accepts that it is a temporary solution. What we really need in this country is a reform of the way that municipal funding works, she says, warning that the influx of money may create problems in the longer term. If they assume costs now that they will have to maintain, then this will simply generate more costs in the future. The government says it plans to release a further 5 billion next year to local councils, but these projects will have a greater emphasis on new technology, and be related to areas such as the use of renewable energy, as well as offering help to more vulnerable groups in society.
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Magical Madrid
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Murphy, one of a new generation of magicians who combine illusion with comedy, at Madrids Galileo cultural center. / carlos rosillo
close-up work, says Piedrahita. He is talking about well-known magicians such as Juan Tamariz or Miguel ngel Gea, who works with coins. Both work so close to the public that their margin for error is extremely small. Their secrets, like all good tricks, are there for everyone to see, but their explanation is not very accessible. Deploying a wise ingenuity, we have come up with a system that works, says Piedrahita. Anyone can buy a book by Tamariz, but the profane reader will not understand it. Murphy picks a six-year-old boy from the audience and asks him to hold the tablecloth on a small table that soon begins to levitate. The childs face says it all. When he goes back to his seat he confirms what the rest of us secretly thought: There are no strings, no mechanisms, theres no trick... its magic! Face to face with the magician after the show (after 18 years in the business, he says he still gets nervous when he goes out on stage), the question seems inevitable: how did he do it? I cant tell you, he replies cheerfully. Id have to kill you.
Ivan Vasiliev and Nina Kaptsova in a dress rehearsal for Spartacus at Madrids Teatro Real. / cristbal manuel