crimes committed by totalitarian regimes - Ministrstvo za pravosodje

Crimes committed by totalitarian regimes
Congo). There was obviously an inconsistency of Spanish legislation and, worse, the pending threat
that at a certain point victims of Spanish dictatorship would seek redress in Spanish justice.
– The pressure of civil society. Facing the silence of the authorities and equipped with the know
how derived from international experiences, a large number of civil society NGOs became active in
the field. Their objectives were very varied and, among these, the Asociación para la Recuperación
de la Memoria Histórica (Association for the Recovery of the Historical Memory) became one of
the most representatives. These NGOs could also frame their demands on the orthodox language
of transitional justice, claiming knowledge of truth and recognition. 2
– Finally, the growing importance of the Victims of Terrorism in Spain provided a conceptual
context in which society and law makers were more receptive to the claims of these collectives.
The assumption of the basic dignity of all victims immediately led to a revaluation of the victims
of the Civil War and dictatorship.
– A generational factor. Last but not least, the change in political leadership had some influence.
Many of these leaders were third generation from civil war actors and felt a sense of detachment
with the inherent risks which the transition generation could have seen in an extended process
of transitional justice. Additionally, the advanced age of the remaining directly involved persons
required addressing the issue as soon as possible if direct victims were to see the results.
4. The 2007 Law on recognition of rights and measures for those who suffered persecution
or violence during the civil war and the dictatorship
The more positive environment did not mean that the measures proposed by the Socialist
government did find widespread acceptance. To start with, the main opposition party, the Conservative
PP, strongly opposed the law, with its leader claiming that he would propose its derogation when he
won the elections. 3 These views against were also largely shared by conservative sectors, media and
intellectuals, 4 who saw in the law an attempt to break the spirit of transition or an attempt to re-write
history. Even sectors close to the socialist (and even senior figures within the parties) had second thought
on the initiative. For instance, the leading Spanish newspaper El País, closely associated with PSOE
and with the generation of the transition, argued that many of the law’s objectives could be achieved
through other means. 5
Being the PSOE a minority government, it had to rely on support from a number of other small
parties, all of which wanted to see specific issues reflected in the law. The problem for crafting a
consensus was that the most radical ones (and firmest supporters of the government) wanted measures
that clashed strongly with the most moderate views, whose participation would be required to secure the
legitimacy that a broad consensus would provide. 6 The whole process was followed with a large debate
in the media (mainly press) and prompted passionate reactions. One of the most symbolic ones was the
‘war of pass away announcements’, in which families of death persons rivalled in blaming opposed
bands for the killings.
Although the official name of the law was Law by which rights are recognised and extended and
measures are established in favour of those who suffered persecution or violence during the civil war
and the dictatorship, it became commonly known and referred to as the Law on Historical Memory,
to the point that even government members used this designation. This shows the capability of some
NGOs and public opinion leaders to capture the conceptual stage and win the meaning battle.
2
Survivors did not claim revenge but recognition. See, for instance, the report of American journalist Victoria Burnett on Spanish repressed
communist Marcos Ana Bill in “Spanish parliament aims to end ‘Amnesia’ about civil war victims”, The New York Times, October 27
2007. See also Joaquim Sempere, “Memoria histórica y consolidación democrática”, El País, 31 January 2007.
3
Nevertheless, the PP voted in the parliamentary commission almost 1/3 of the proposed articles.
4
See, for instance, Miguel Herrero de Miñón, drafter of the Spanish constitution and former General Secretary of the PP “Historia y
memoria”, El País, 24 October 2007.
5
El País, leading article, 18 October 2007.
6
See among leftish criticism, Joaquim Sempere, “Memoria histórica y consolidación democrática”, El País, 31 January 2007.
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