It's the same judge who ordered the arrest of Pinochet in 1998. This case is unrelated to the one they just agreed not to proceed with. Since 2005 Spain has assumed the principle of universal jurisdiction in alleged cases of crimes against humanity, genocide, and terrorism. But it can only proceed if the alleged crimes are not already subject to a legal procedure in the country involved.
http://www.google.com/hostednews/afp/article/ALeqM5iAI5j8L_T9-ohjwCcZOXPT7Bf95gSpanish judge opens probe into Guantanamo torture
MADRID (AFP) — A Spanish judge on Wednesday opened an investigation into an alleged "systematic programme" of torture at the US Guantanamo Bay detention camp, following accusations by four former prisoners.
Judge Baltasar Garzon will probe the "perpetrators, the instigators, the necessary collaborators and accomplices" to crimes of torture at the prison at the US naval base in southern Cuba, he said in his ruling, a copy of which was seen by AFP.
The judge based his decision on statements by Hamed Abderrahman Ahmed, known as the "Spanish Taliban" and three other former Guantanamo detainees -- a Moroccan, a Palestinian and a Libyan.
Garzon said that documents declassified by the US administration and carried by US media "have revealed what was previously a suspicion: the existence of an authorised and systematic programme of torture and mistreatment of persons deprived of their freedom" that flouts international conventions.
This points to "the possible existence of concerted actions by the US administration for the execution of a multitude of crimes of torture against persons deprived of their freedom in Guantanamo and other prisons including that of Bagram" in Afghanistan.
More at the link...