crimes

Justice department confirms identity of remains found in mass grave in Reus after anthropology and genetic analysis

Special Rapporteur says exhuming dictator's body is a "positive step" but calls to extradite or prosecute those responsible for human rights abuses

The European Parliament approved on Tuesday with 456 votes in favour, 138 against and 104 abstentions a resolution on fundamental rights in the EU. The draft, written by the Slovak MEP of the European People's Party (EPP), József Nagy, includes a specific call for Spain to investigate Francoism crimes. The amendment states that it “essential that all Member States cooperate with national and international judicial investigations” in order to “ensure truth, justice and reparations for victims of crimes against humanity committed by totalitarian regimes in the EU”. Furthermore, it calls on the European Commission to make an “objective assessment of the situation” in “all” states “to promote the historical memory”. The text was promoted, among others, by MEPs from the Catalan left-wing pro-independence party (ERC), the Catalan European Democratic Party (PDeCAT), and the Catalan Green-Socialist party (ICV). Currently in Catalonia there are 390 mass graves and the number of people who went missing during the Franco era and are still yet to be located totals 4,912 people.

MEPs from eight different parties asked the European Commission to urge Spain to investigate and judge the crimes committed during Franco’s dictatorship. “Justice doesn’t expire. We don’t aim for vengeance but reparation”stated Catalan left-wing ERC-NeCAT MEP Ernest Maragall on Tuesday at a joint press conference in Strasbourg. Maragall was joined by Catalan MEPs from ERC-NeCAT, liberal party CDC, left-wing ICV and christian democrat UDC, as well as MEPs from Basque nationalist PNB and Bildu and alternative left-wing Spanish parties Compromís and Podemos. They wrote a joint declaration which stated that “the principle of universal justice makes impossible the impunity of the crimes”committed during Francoism and “forces the State to judge those who were responsible”. “This is not about opening wounds but to close them”stated PodemosMEP Miguel Urbán.

On the same day, both the Spanish Justice Minister, Rafael Català, and the 'number 2' of the governing People's Party (PP), María Dolores de Cospedal, compared Catalonia's self-determination process with the Fascist and Nazi movements of the 1930s. Such a comparison trivialises Nazism and is highly offensive for millions of Catalan citizens. The Catalan pro-independence movement mainly demands to hold a democratic vote on independence, as in Scotland, and it has always acted in a peaceful and festive way. The expert in European populism, Meindert Fennema, stated he considered that to compare Catalan self-determination with Nazism to be "ridiculous" and "nonsensical". On top of this, he highlighted that Catalonia's society is highly inclusive, since it has welcomed and integrated millions of immigrants in the last 100 years. In fact, 70% of the Catalan population has origins from outside Catalonia and 80% of the Catalan population want to hold a self-determination vote. 

The Spanish Minister for Justice allowed the legal procedure regarding the extradition to Argentina of two Franco torturers to continue. This decision occurred after a letter written by a group of MEPs, led by Catalan and Spanish representatives, had asked the Spanish Prime Minister Mariano Rajoy for the two men’s extradition. In their letter, the MEPs urged Spain to stop “hampering the progress of the Argentine justice”, which is currently investigating Franco crimes. Indeed a first unsuccessful request for the two men’s extradition had been made in 2010. Spanish High Court Judge Pablo Ruz is in charge of making the next move. For now, he has interrogated the two alleged torturers and confiscated their passports as a precautionary measure. However, there still are many steps to go before the extradition. In their letter to Rajoy, the MEPs had also demanded the repeal of the 1977 Spanish Amnesty Law which is used to prohibit Franco criminals from being prosecuted.

The Argentinean Judiciary is investigating crimes perpetrated under Franco’s dictatorship in Spain, notably the execution of Catalan President Lluís Companys in 1940. Companys was the only incumbent president to have been executed during World War II. A few weeks ago, his political party (ERC) filed a complaint in Argentina in order for his speedy military trial to be declared null and void, as the Spanish institutions have refused to do so on numerous occasions. Spain’s Amnesty Law of 1977, which is still in force to this day, has always prevented Franco crimes from being investigated and from going to trial. In 2010, Spanish Judge Baltasar Garzón, who became internationally famous for investigating Argentinean and Chilean dictatorships, was disbarred from office after trying to open a case against Franco crimes. Therefore, the plaintiffs have appealed to universal Justice, seeking restitution in other jurisdictions.

During the Spanish Civil War, from 1936 to 1939, Franco’s rebels received military help from Italy among other countries. The Italian Legionary Air Force, based in Mallorca, was responsible for the aerial bombardment of the city of Barcelona from 16th March to 18th 1938, exactly 75 years ago. For three days, Italian aviation forces bombed civil targets and neighbourhoods and caused the death of approximately a thousand civilians. The bombing of the Catalan capital was one of the most lethal bombing missions of the Spanish Civil War. Barcelona High Court has ordered a full investigation on crimes against humanity.