PSOE and United We Can seek a formula to circumvent the Amnesty Law and judge the crimes of the Franco regime


PSOE and United We Can have presented some thirty joint amendments to the Democratic Memory bill. With these proposals, the two groups are looking for a formula to circumvent the Amnesty Law and “guarantee the right to justice” for the victims of the Franco regime, defend the Government partners.


PSOE and United We can propose to eliminate 33 titles of nobility granted during the Franco regime

PSOE and United We can propose to eliminate 33 titles of nobility granted during the Franco regime

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One of the amendments presented bet that all the laws of the Spanish State, including the Amnesty Law, “will be interpreted and applied in accordance with conventional international law” and international humanitarian law, by which “war crimes, of Against humanity, genocide and torture are considered imprescriptible and not amnesty. ”Until now, the amnesty law has allowed crimes of the Franco regime, such as the torture of the one known as Billy El Niño, have gone unpunished.

The reform of the Amnesty Law of 1977 It was one of the demands of United We Can and the pro-independence forces to give their support to the democratic memory law. In the PSOE they found it difficult to satisfy that demand and, given the rise in pressure from ERC or EH Bildu, who have proposed eliminating the title of king, the Government has surveyed Citizens. However, government sources are convinced that the norm will go ahead with the usual parliamentary allies of the coalition.

From the confederal group they emphasize that with this proposal “international law is in luck” and they argue that if the amendment goes ahead “war crimes, crimes against humanity, genocide and torture” will “be considered imprescriptible and not amnestiable.” “Likewise, the law will contemplate that the prosecutor of the Chamber of Human Rights and Democratic Memory will address the investigation of the events that took place on the occasion of the coup, the war and the dictatorship.”

The general secretary of the PCE, Enrique Santiago, has celebrated this Wednesday in the Congress of Deputies that the amendments presented represent a “very solid steps for the right to truth, justice, reparation and the non-repetition of serious international crimes.” . “We believe that the agreement that we have reached with our government partner is frankly good, it improves the preliminary draft,” he concluded.

Technical commission for reparation to victims

PSOE and United We can also want the victims of the Franco regime to be compensated for the assets that were seized from them or the economic sanctions that were imposed on them. To this end, the new law obliges the Government to carry out an audit of the seized assets within a year from its entry into force and, from there, the avenues for compensation will be established. The recognition of the right to patrimonial claims is one of the ERC demands that until now the Government has questioned under the argument that “the State has compensated thousands of victims of the Franco regime with more than 21,700 million euros.”

In that sense, the amendments make explicit that the Council of Ministers will designate “a technical commission” to carry out a study with the “set of reparation measures of an economic nature aimed at the victims of the War and the Dictatorship, and recognized both in the regulations state as well as autonomic, to establish conclusions and recommendations on the degree of coverage achieved and rectifiable deficits “. For the preparation of the report, it will have a period of one year.

The new law proposes the creation of a census of victims of the Franco regime – in which the Government of Pedro Sánchez began to work in 2019– As well as “an office for victims to provide technical support for them and to collect the testimonies of the people who suffered persecution and their families, as well as to carry out dissemination and awareness-raising work on the sufferings and struggles of the victims of war, dictatorship “, according to the amendments agreed by socialists and a confederal group. The amendments go a step beyond the law by recognizing nationality not only to international brigade members but also to their descendants, although it clarifies that they must accredit “a continuous effort to disseminate the memory of their ancestors and the defense of democracy in Spain”.

Likewise, PSOE and Unidas Podemos want to link the DNA bank of victims with that of people affected by the abduction of babies. “People affected by a possible abduction of a boy or girl whose complaint has been admitted due to the facts that are the subject of this law, may request that samples be taken to sequence their DNA and compare them with the data stored in the Database . In the DNA Database the samples of bone remains from the different exhumations carried out, with their DNA sequence, and the genetic profiles of the people affected by the abduction of newborns will also be kept: relatives, mainly mothers and biological parents, who are looking for their children, as well as adoptive children who are looking for their biological relatives, “the text collects.

Again the Valley of Cuelgamuros

The objective of the Democratic Memory Law, which expands the historical memory law approved by José Luis Rodríguez Zapatero, is to end the vestiges of Francoism. Thus, PSOE and United We Can have decided to accelerate the suppression of the titles of nobility granted during the dictatorship and that exalt it or the instigators of the coup d’état. The norm will directly suppress 33 ducats, marquisates and counties, including that of Franco or Primo de Rivera, just as elDiario.es has advanced.

In this effort to make the remnants of the exaltation of the dictatorship disappear, the Valley of the Fallen is one of the elements addressed by the law promoted by the department directed by Félix Bolaños, and whose resignification began with the departure of the remains of Francisco Franco of the enclosure, that is property of National Patrimony. The two formations that make up the coalition have agreed to change the name of the Valley of the Fallen, which will be renamed the Valley of Cuelgamuros, “recovering the original name”, they indicate from the confederal group.

PSOE and United We can make explicit in the amendments that must be included in the textbooks and curricular materials of the educational system “the repression that occurred during the war and the dictatorship.”

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