October 1, 2020

The new Memory Law will create a Prosecutor’s Office to investigate the crimes of the Civil War and the Franco regime


The Government plans to approve in the next Council of Ministers the draft of the Memory Law, which will include the designation of a “Prosecutor’s Office for the investigation of the events that occurred during the Civil War and the dictatorship, including those that had place until the entry into force of the Constitution, which constitute violations of human rights and International Humanitarian Law ”, as advanced Infolibre with the draft of the text. This Office of the Prosecutor, which will guarantee judicial protection in the proceedings, will be assigned functions of promoting the processes of search for the victims and will promote the inscriptions in the Civil Registry of the deaths of the victims.

The Government's plan for Historical Memory includes the outlawing of Francoist associations and the exhuming of graves throughout Spain

The Government’s plan for Historical Memory includes the outlawing of Francoist associations and the exhuming of graves throughout Spain

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Likewise, the law declares the “illegitimacy” of the courts and juries formed during the Civil War to impose “for political, ideological, conscience or religious belief reasons, convictions or sanctions of a personal nature” and considers their resolutions invalid and illegitimate. The law expressly declares illegitimate the Court of Repression of Freemasonry and Communism, the Court of Public Order, the Courts of Political Responsibility and the Councils of War “constituted for political, ideological, conscience or religious belief reasons.” This would imply, as he points out The newspaper, the annulment of trials such as the one that followed against the president of the Generalitat Lluís Companys.

Thus, the sentences and sanctions issued for political, ideological or belief reasons during the dictatorship “against those who defended the previous institutional legality, sought the reestablishment of a democratic regime in Spain or they tried to live according to options protected by rights and freedoms now recognized by the Constitution ”.

The law, which will repeal and replace the one approved by the Government of José Luis Rodríguez Zapatero, “will promote the necessary initiatives for the investigation of seizures produced for political, ideological, conscientious or religious belief reasons during the Civil War and the dictatorship and, in particular, it will carry out an audit of the assets looted in said period ”, always according to the aforementioned draft, which may be modified.

Another aspect that touches on is the “recognition and reparation of the victims who carried out forced labor”, which would include that the public authorities will try to get organizations or companies that “used forced labor for their benefit” to adopt reparation measures. plans to revoke titles of nobility and police medals against democracy, considers “cause of extinction” of a foundation the apology of Franco. Likewise, it establishes that the search for persons disappeared during the Civil War and the dictatorship corresponds to the General State Administration, without prejudice to the competences of other administrations.

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