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Courts reject requests for investigation of Francoist crimes

  • The Basque Platform against the crimes of Franco has explained that the investigating courts are repeatedly rejecting requests for investigation of crimes against humanity during the dictatorship. He says that the Spanish Democratic Memory Act does not overcome legal obstacles.

14 June 2023 - 09:50
Last updated: 2023-06-15 09:48:30

During the months of May and June eleven complaints and complaints have been lodged in the Spanish State by associations of victims and municipalities to investigate and resolve the crimes of the dictatorship. But according to the Basque Platform against Francoist Crimes, courts and instructors have been rejected in almost all cases.

This is the case of the Provincial Court of Navarra or the Courts of Investigation of Pamplona, Gernika and Valencia. The Platform explained that the arguments put forward by the Supreme Court in 2012 and 2021 are being repeated "literally": that the crimes are prescribed and that the 1977 Amnesty Act prevents their investigation and prosecution.

"All of this, although the new Democratic Memory Act came into force only eight months ago," they say. The Basque Platform for Victims of Francoism has pointed out that this law "pompously" announced the judicial protection of the victims of Franco.

In this regard, it considers it essential to repeal the Amnesty Law and to amend the Penal Code of the Spanish State in order to introduce human rights principles into international law.

Spanish elections and interpellation of political groups

At the initiative of the coordinator of the Argentine complaint, CEAQUA, last year several parties presented in the Spanish Congress a bill to amend the Penal Code, but the PSOE, PP, Vox and Citizens were against it. "That is why we want to call on all the political groups that have representation in Parliament [in Spain] in the forthcoming elections to take a firm stand once and for all."

The platform has also called on the judiciary to adapt to international human rights law and has called on the State Prosecutor's Office to "instruct" prosecutors to investigate Franco's crimes in criminal case law.

In any case, "we will continue to denounce the Spanish model of impunity at all levels", he warned once again.


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