La Moncloa, Madrid (Spain)

This Law aims to close a debt of Spanish democracy to its past and promote a common discourse based on the defense of peace, pluralism and the condemnation of all forms of political totalitarianism that jeopardizes the effective enjoyment of the rights and freedoms inherent to human dignity. And, in this measure, it is also a commitment to the future, defending democracy and fundamental rights as a common paradigm and an indelible horizon of our public life, coexistence and citizen awareness.

Preliminary title, objective and purpose

The object of this law is the recognition of those who suffered persecution or violence, for political, ideological, religious conscience or belief reasons, of sexual orientation and identity, during the period between the coup d’état of 1936, the Civil War and the Franco dictatorship until the promulgation of the Spanish Constitution of 1978. It is about promoting their moral reparation and recovering their memory and includes the repudiation and condemnation of the coup d’état of July 18, 1936 and the subsequent dictatorship.

In turn, the law adopts measures aimed at suppressing elements of division among citizens and promoting ties of union around constitutional values, principles and rights.

Title I, victims

The definition of victim is determined in accordance with the international human rights parameters and declares null and void all the condemnations and sanctions issued during the Civil War and the Dictatorship by the Franco repressive organs, which are also declared illegitimate. All of them shall be entitled to a Declaration of Recognition and Reparation.

In addition, it establishes October 31, the date of the approval in Cortes of the Spanish Constitution in 1978 as the day of remembrance and tribute to all the victims. May 8 is also declared as a day of remembrance and tribute to the victims of exile as a result of the Civil War and the Dictatorship.

A Title that also includes the elaboration of a National Census of Victims of the Civil War and the Dictatorship, responding to the fragmentation and dispersion of the information available on forced disappearances in that period.

Title II, integral policies of Democratic Memory

It consists of four chapters and opens with a special mention to the active role of women in Spain as protagonists of the fight for democracy and the values of freedom, equality and solidarity, which is also transversal throughout the text of the law.

The articulation of these policies is ensured through a four-year plan of actions and, at the territorial level, with the creation of a Territorial Council as an instrument of cooperation between the State and the autonomous communities, with the participation of local entities through the Spanish Federation of Municipalities and Provinces.

In Chapter I of this Title, on the right to the truth of the victims, it is assumed that the search for missing persons during the Civil War and the Dictatorship will be the responsibility of the General Administration of the State, without prejudice to the competences of other public administrations related to this activity, strengthening collaboration between them, and thus leading an action of collective dignification of our country. It includes measures such as the promotion of the map of graves, the protocol of exhumations and regime of authorizations. The National DNA Bank of Victims of the Civil War and the Dictatorship is also created.

Section 2 of this Chapter I is dedicated to archives and documentation, true written memory of the State, regulating access to public and private funds and archives, and guaranteeing their access and protection, with a special mention to the Documentary Center of the Historical Memory of Salamanca.

The right to justice is regulated in Chapter II. To this end, the Public Prosecutor’s Office is created to investigate the events that occurred during the Civil War and the Dictatorship, until the entry into force of the Constitution, that constitute violations of human rights and international humanitarian law. It will have the functions of promoting the search processes for the victims of the investigated facts, in coordination with the bodies of the different administrations with competence in this matter.

The repair measures are contemplated in Chapter III. It includes actions such as the investigation of property expoliated during the Civil War and the Dictatorship or the recognition and reparation of victims who performed forced labour. As a reparative measure for those who suffered exile, a rule is provided for the acquisition of Spanish nationality for those born outside Spain of parents, grandmothers or grandfathers, exiled for political, ideological or belief reasons. The volunteer members of the International Brigades may acquire Spanish nationality by letter of nature.

Chapter IV refers to the duty of memory as a guarantee of non-repetition. In this way, the public administrations will adopt the necessary measures for the withdrawal of public symbols and elements contrary to the Democratic Memory. It also introduces measures to prevent acts of exaltation or glorification of the military uprising, the Civil War or the dictatorial regime. With the same objective it deals with the revocation of distinctions, appointments, titles and institutional honors, of decorations and rewards or titles of nobility, which have been granted or suppose the exaltation of the Civil War and the Dictatorship.

It also includes actions aimed at foundations and associations whose purposes include the apology of Franco’s regime or direct or indirect incitement to hatred or violence against the victims of the Franco dictatorship.

It also includes actions at the educational level updating curricular contents for ESO and Baccalaureate, and at the level of research and dissemination in order to promote, promote and guarantee in the citizens the knowledge of Spanish democratic history and the fight for democratic values and freedoms. The constitution of a Public Sector Foundation is contemplated, whose objective will be to contribute to the knowledge, dissemination and promotion of the history of democracy in Spain through the preservation of the archives of the Presidents of the Constitutional Government.

The Places of Democratic Memory are regulated with a commemorative and didactic function. As for the Valley of the Fallen, emphasis is placed on its resignificance for pedagogical purposes and the right of family members to recover the remains of their ascendants is recognized. The crypts adjacent to the Basilica and the burials have the character of a civil cemetery and can only house remains of people who died as a result of the Civil War. It will also proceed to relocate any mortal remains that occupy a preeminent place in the enclosure. Nowhere in the enclosure can acts of a political nature or exaltors of the Civil War, its protagonists or the Dictatorship be carried out. The Foundation of the Holy Cross of the Valley of the Fallen is declared extinct.

Title III, memorialist movement

Title III recognizes the work done for decades by civil society in defending the democratic memory and dignity of the victims, providing for the creation of a registry of memorialist entities. A Council of Democratic Memory is created as an advisory and participatory body of these entities and provides for the constitution of a state commission of Memory and Reconciliation with the Gypsy People in Spain.

Title IV, sanctioning regime

Finally, Title IV incorporates a sanctioning regime that regulates infringements and sanctions, in order to guarantee compliance with the precepts of the law, in defense of the victims and the dignity of constitutional principles and values in the public space. It establishes fines ranging from 200 euros for the mildest infractions to 150,000 euros for the very serious ones.

The final part has eight additional provisions, a transitional provision, a derogatory provision and eight final provisions.

A law that, with the aim of the recovery, safeguarding and dissemination of Democratic Memory, places the victims of the Franco Civil War and Dictatorship at the center of public action, with the deployment of measures of recognition and reparation. It also gives effect to the right of victims to the truth, assuming the search for missing persons and promoting actions from the perspective of the principle of justice. Everything also fulfilling the duty of Memory in guarantee of non-repetition.