United We Can and PSOE have agreed to annul part of the Amnesty Law of 1977 by declaring within the Democratic Memory Law that the crimes against humanity, genocide and torture that were committed during the Franco regime do not enjoy the protection of the amnesty regulations promulgated in 1977 and international law prevails over said law.
The two coalition partners have agreed on the content of some thirty amendments to the articles of the draft Democratic Memory Law and stipulate that war crimes, against humanity, genocide and torture they do not prescribe.
At a press conference in Congress, the deputy from United We Can Enrique Santiago it has signed the agreement reached so that the amnesty law “cannot be used as an excuse not to prosecute” this type of crime.
In addition, the formations have agreed that the Valley of the Fallen return to the original name of Wall hangers and that the victims of the dictatorship have the right to compensation for the seized assets, as well as the economic sanctions imposed by the Francisco Franco regime.
Another point included in the amendments is the expansion of the census of victims of the Franco regime to incorporate the survivors, in vindication of the memorialist collectives, the victims of the Transition (from 1978 to 1982).
On the other hand, as they have explained from the confederal space, nobility titles are suppressed granted to 33 personalities of the Franco regime, such as the duchies of Primo de Rivera, Calvo Sotelo or Queipo de Llano.
In this way, PSOE and United We can stipulate that international law must apply in force on crimes against humanity and demand that the prosecutor of the Human Rights and Democratic Memory Chamber undertake the investigation of the events that took place on the occasion of the “coup, war and dictatorship.”
In educational matters, the “right to historical research of the crimes of the Franco regime “against possible allegations about the right to honor of deceased persons who had participated in them and a reference is added to the need to introduce these contents in textbooks and curricular materials.
Achieve, at least, a judicial truth
Santiago has admitted that in the time that has elapsed since these crimes, the effect on justice is not “going to be very important” since criminal responsibility ends with death and many perpetrators have died, but it will be possible to achieve a “judicial truth” that it has in itself “a restorative effect” for the victims, that in the face of human rights violations, they prove that there are no first and second category victims.
“It is not about trying public servants of the dictatorship, but those who committed these crimes that are not amnesty,” explained Santiago, who has referred to people who have committed crimes of torture, or in the case of ministers of the Franco regime , those with a “direct” performance with “damage or injury”.
The Secretary of State has pointed out that it is a interpretation of the 1977 Amnesty Law and not of a repeal since this rule entailed other aspects that could not be annulled, such as the recognition of social contributions.
United we can will now seek to achieve support from other groups and believes that he will gain the endorsement of ERC and PNV because they can’t imagine that there is no agreement with those who also suffered directly from the repression.
The Minister of Territorial Policy and Government spokesperson, Isabel Rodriguez, has pointed out that the Democratic Memory law is “very important that it goes ahead with consensus” in the parliamentary process and has asked the political forces to “agree to consensus positions to be able to move it forward.”
George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.