• Council of Ministers The Government creates a Prosecutor's Office to investigate the violation of human rights in the Civil War and the Franco regime

  • Statement.Martín Villa to the Argentine judge: "According to the complaint, if Suárez lived he would be accused of genocide"

On Tuesday, the Government opened a path to investigate the crimes committed during the Civil War and the Franco regime, which was prohibited in

Spain

by the approval of the

Amnesty Law

and which will now be passable, in compliance with international human rights treaties.

The

Council of Ministers

approved the draft Democratic Memory law, a second portion of the

2007

Historical Memory law of

José Luis Rodríguez Zapatero, which recognizes the right to investigate human rights violations committed from the military coup of 1936 to the approval of the

Constitution

.

For this, a

Prosecutor's Office of the Democratic Memory and Human Rights Chamber

is created

in the Supreme Court to investigate all the facts constituting a crime during this period and demand the appropriate responsibilities.

Something that until now has not been possible to do in Spain due to the validity of the Amnesty Law and that has led some victims' associations to resort to the so-called Argentine route to act against former Minister

Rodolfo Martín Villa

for crimes against humanity, attending to the criteria of universal justice.

Executive sources maintain that these complaints can now be processed in Spain.

The interpretation that the Government makes, and that can diametrically change the criminal action on these crimes, is that international human rights treaties operate on the Amnesty Law.

In fact, the draft of the Democratic Memory law verbatim states that this law will be interpreted in accordance with

article 10.2

of the Constitution: "The norms related to fundamental rights and freedoms that the Constitution recognizes will be interpreted in accordance with the

Universal Declaration of Rights Human rights

and international treaties and agreements on the same matters ratified by Spain ”.

Government sources allude to a "new international approach", a new approach to human rights, very recent, promoted since 2014, reflected in different

United Nations

reports

, so that these crimes do not go unpunished.

On this philosophy, which allows us to conclude that it is not necessary to "touch" the Amnesty Law, this law has been built.

Therefore, any complaint in which the prosecutor understands that there are indications of a crime will be investigated outside the Amnesty Law, which has so far prevented the prosecution of crimes with political intent committed before December 1977 and that, according to the interpretation that still many jurists do, he continues to impede any investigation.

In addition, this Prosecutor's Office will take care of the search for the disappeared, if their family members so request.

Because another of the great novelties of the law is that the State assumes this task (it is no longer in the hands of associations and relatives) and will take care of the location and burial of graves, and the expense that this generates, both from the central Government and from autonomous communities town councils and councils.

In addition, a

National DNA Bank

and a

Census of Victims of the Civil War and the dictatorship will be created

.

The Government maintains that all these actions do not distinguish between Republican and Francoist victims and that it is not about "opening wounds but closing them."

In the Executive they compare the creation of this new Prosecutor's Office with the one that was in its day that

of Gender Violence

.

According to the criteria of The Trust Project

Know more

  • Pedro Sanchez

  • Francisco Franco Bahamonde

  • Historical memory

  • Spanish Civil War

  • Spain

  • Supreme court

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Council of Ministers The Government creates a Prosecutor's Office to investigate the violation of human rights in the Civil War and Franco

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