Spanish 1977 Amnesty Law

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The Spanish 1977 Amnesty Law

political prisoners and permitted those exiled to return to Spain, but also guaranteed impunity for those who participated in crimes,[3] during the Civil War, and in Francoist Spain.[2] The law is still in force, and has been used as a reason for not investigating and prosecuting Francoist human rights violations.[4]

The Act was the clearest and most explicit expression of Spain's "

United Nations High Commissioner for Human Rights demanded the 1977 Amnesty Law to be repealed, on the basis that it violates international human rights law. The Commissioner referred to Spain's obligation to comply with the International Covenant on Civil and Political Rights. Under international human rights law, there is no statute of limitations for crimes against humanity.[9] In 2013, a UN working group of experts again called upon Spain to repeal the 1977 law.[10]

In 2008, Judge

Spanish Supreme Court in 2012, on an unrelated charge.[12]

Since 2010, Argentinian judge María Servini de Cubría has been investigating civil rights abuses under the Franco regime. In 2018, she agreed to extend her investigation to include crimes specifically against women.[13]

See also

References

  1. ^ Amnesty Act (46/1977) (in Spanish). 15 October 1977. Retrieved 25 October 2023.
  2. ^ a b c Ackar, Kadribasic (2010) Transitional Justice in Democratization Processes: The Case of Spain from an International Point of View, International Journal of Rule of Law, Transitional Justice and Human Rights, pp. 120-121.
  3. ^ Miriam M. Basilio, Visual Propaganda, Exhibitions, and the Spanish Civil War (Ashgate, 2013), p. 220.
  4. ^ Paloma Aguilar, "The Timing and the Scope of Reparation, Truth and Justice Measures: A Comparison of the Spanish, Argentinian and Chilean Cases" in Building a Future on Peace and Justice: Studies on Transitional Justice (eds. Kai Ambos, Judith Large, and Marieke Wierda: Springer, 2009), pp. 505, 521–522.
  5. OCLC 870438787
    .
  6. ^ Omar G. Encarnación, Spanish Politics: Democracy After Dictatorship (Polity, 2008), p. 133.
  7. ^ Ofelia Ferrán & Lisa Hilbink, "Introduction: Legalities of Violence in Contemporary Spain" in Legacies of Violence in Contemporary Spain: Exhuming the Past, Understanding the Present (Routledge, 2016), p. 2.
  8. ^ La ONU da la razón a Garzón y pide investigar el franquismo, Público (Publico.es), 10/02/2012
  9. ^ Spain must lift amnesty for Franco era crimes – U.N., Reuters (February 10, 2012).
  10. ^ a b U.N. tells Spain to revoke Franco-era amnesty law, Reuters (September 30, 2013).
  11. ^ Editorial, Truth on Trial in Spain, New York Times (February 5, 2012).
  12. ^ Sarah Leggott, Memory, War, and Dictatorship in Recent Spanish Fiction by Women (Bucknell University Press, 2015), p. 20.
  13. ^ Guardian Oct 26, 2018, Judge investigates Franco era crimes
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