The progressive member of the General Council of the Judiciary Concepción Sáez has cast a particular vote on the report on the Draft of the Democratic Memory Law in which she criticizes the fact that the text excludes judges and courts from the “investigation” into the violations suffered by the victims .
“The right of the victims to justice and to the proclaimed judicial protection is reduced to a file of voluntary jurisdiction doomed to the archive from the moment it raises controversy, and to the promotion of the death registrations of the disappeared and murdered that eventually result from pre or extra procedural investigations “, says Sáez in the text, to which he had access elDiario.es. The vowel complains that it is an administrative process “similar” to that used to organize the archaeological discoveries of “a Phoenician settlement or a Tartessian site”.
Likewise, Sáez criticizes that the only reference in the Draft Bill to the 1977 Amnesty Law is a “description of the historical evolution” in the treatment that has been given in Spain to the memory of the victims. That law, adds the vowel, “is still today the most forceful obstacle for the full recognition of the right to justice of the victims of the coup d’état of 1936, the war in Spain and the Franco dictatorship.” “As long as these obstacles are not overcome,” he continues, “it is difficult for the victims of the Franco regime not to continue being – as Professor Clavero affirms – victims doubly, of iniquity and of impunity.”
Even so, Concepción Sáez considers that the Draft Bill supposes, “in global terms, an advance with respect to the current regulations” and it is due to the fact that it does not share the criticisms about practically all of its essential aspects that it casts its private vote .
In fact, in her report, Concepción Sáez, a member of the IU proposal, values that the new text offers a “broad concept of victims”, direct and indirect, and regardless of whether there is a known perpetrator of the violation suffered or that it declares null the decisions issued by the courts. Francoists and attribute to the State the competence and the “active role” to practice exhumations, among other aspects.
The Plenary of the General Council of the Judiciary (CGPJ) has approved with 15 votes in favor and 6 against the report made by the members Roser Bach and Wenceslao Olea on the Draft bill of democratic memory, a text that is very critical of some aspects of the rule, considering that they violate freedom of expression. For the majority of the members, the pro-Franco apology that certain foundations may make is protected by law as long as the victims are not humiliated.