Request for declaration to those affected by persecution, violence, convictions or sanctions during the Civil War and the Dictatorship.

Law 20/2022, of October 19, on the Democratic Memory Law, recognizes the right to moral reparation and the recovery of the personal and family memory of those who suffered persecution or violence during the Civil War and the Dictatorship.

For this reason, in its article 6 the Law provides the right to obtain a Declaration of recognition and personal reparation to those who during the Civil War and the Dictatorship suffered persecutions, convictions, sanctions or any other forms of personal violence for political, ideological or religious reasons.

These reasons include membership, collaboration or relationship with political parties, trade unions, religious or military organizations, ethnic minorities, secret societies, Masonic lodges and resistance groups, as well as the exercise of behaviours linked to cultural, linguistic or sexual orientation options.

Through this Declaration, Spanish democracy will honor those citizens who directly suffered the injustice and grievances derived from the Civil War and the Franco dictatorship. Those who lost their lives and also those who lost their freedom when they suffered imprisonment, deportation, confiscation of their property, forced labour or internment in concentration camps within or outside our borders. Likewise, those who lost their homeland will be recognized by being pushed into a long, heartbreaking and in so many cases irreversible exile.

This Declaration entails recognition and moral reparation for those who suffered the consequences of the Civil War and the Dictatorship, and for their families.

The petitioner will be given a Title issued by the holder of the Ministry of Territorial Policy and Democratic Memory which will include the Declaration of Recognition and Personal Reparation.

A single Declaration of Reparation will be granted to each affected person. Once granted, the Ministry of Territorial Policy and Democratic Memory may issue copies of the Title to other family members or public institutions that prove their relationship with the affected person when requested to do so.

The Declaration does not imply recognition of the patrimonial responsibility of the State or any Public Administration, nor does it give rise to economic or professional effect, reparation or compensation. However, it will be fully compatible with any other formula of reparation provided for in the legal system.

A. Model of application. The request for a Repair Declaration must be formalized according to the MODEL that can be downloaded here.

B. Documents on the affected and, where appropriate, petitioner. Depending on who requests the Declaration, the following documents (originals or certified copies) must also be submitted:

• Documents proving the identity of the affected person (ID, passport or other document that can prove their identity and nationality).
• If the application is not made by the person affected by the death, the documents that prove the identity of the petitioner (ID card, passport or other document that can prove his identity and nationality) as well as the link with the person affected (family book, registration certificate, etc. ).
• In order to expedite the procedure and prove the accreditation for family ties, in case of not having the documentation (family book, Civil Registry certificates, etc.) or delay the delivery of it by other administrations, we facilitate a model of Declaration responsible for the legitimation of the applicant by family ties which you must attach to the application.
• In the event that the applicant is a public institution, the documents accrediting the legal personality of the entity, the representation and the link with the affected party must be provided.

C. Documents on the facts and reasons of the request. In any case, all the documentation held by the petitioner regarding the facts and reasons that motivate him must be presented, as well as any background that may be considered appropriate.

It will also be possible to provide documents and reports issued by entities or institutions, public or private, that are related to the repair and recovery of the personal and family memory of the victims of the Civil War and the Dictatorship, as well as of the political parties, unions and associations that suffered persecution during the Dictatorship.

The instructions attached to the application form provide all the necessary information on the various documents.

The person directly affected, regardless of his nationality.

In the event of the death of the previous one, they may request the Declaration:

• First degree of consanguinity:

  • Spouse or person linked with a similar relationship of affectivity.

  • Parents (direct ascendants).

  • Children (direct descendants).

• Second degree of consanguinity:

  • Grandchildren.

  • Brothers.

• Third degree of consanguinity:

  • Nephews.

  • Great-grandchildren

• Fourth degree of consanguinity:

  • Cousin brothers.

  • Grandchild nephews.

In the event that there is no spouse (or person with a similar affective relationship) or the family members cited, the declaration may be requested by public institutions in which the affected person had held a relevant position or activity (for example, the city council if it was mayor, the university if it was rector, etc. ). For this, a prior agreement of the collegiate body of government will be necessary

The Declaration may be requested at any time. If the application is not accompanied by the data and documents necessary for its processing, the interested party will be required to submit them within 10 working days. If you do not do so, a resolution will be issued in which you will be deemed to have withdrawn your request.

This does not preclude the interested party from resubmitting the application later, once he has obtained the documents that at the time he was unable to provide.

The Administration must notify the resolution to the interested party within 6 months counted from the date of presentation. After that period without resolution, the request will be understood estimated.

• Face-to-face

The application, together with the rest of the documentation explained above, may be submitted in any register of the General Administration of the State, of the Autonomous Communities or of the Local Entities (Municipalities) by means of an official letter sent to the General Directorate of Attention to Victims and Promotion of Democratic Memory (Ministry of Territorial Policy and Democratic Memory).

• Via electronic headquarters (with digital certificate)

The application, together with the rest of the documentation explained above, can also be submitted electronically at the electronic headquarters of this Ministry in the link provided below.

When carrying out the procedure, remember the following:

• The accreditation of the identity of the applicant will be done by means of a digital certificate.
• You can attach a maximum of four files (each file may contain more than one document).
• The documentation of the previous point must include the application model indicated above.
• The maximum size of each file is 3 MB each.
• The formats supported for the documents will be: .jpg, jpeg, odt, odp, ods, odg, docx, xlsx, pptx, pdf, png, svg, tiff, txt.

Through this link You can access the telematic procedure in our electronic headquarters.