HISTORICAL MEMORY AND RULE OF LAW: THE JUDICIARY BEFORE THE RIGHT TO REPARATION OF THE VICTIMS OF FRANCOIST REPRESSION Articles uri icon

authors

  • ESCUDERO ALDAY, RAFAEL

publication date

  • January 2018

start page

  • 73

end page

  • 105

issue

  • 38

International Standard Serial Number (ISSN)

  • 1133-0937

abstract

  • After the 52/2007 Act (commonly known as "Historical Memory Act"), victims of Francoist repression go to the Judiciary to have their rights to truth, justice and reparation guaranteed. In a February 2012 Decision, the Supreme Court rejected the possibility to prosecute in Spanish courts the violations of human rights occurred during Franco dictatorship. Despite this Decision, there are legal ways to involve judges in the guarantee of victims' right to reparation. A right not protected by public policies, as the Historical Memory Act requires. This failure to act obliges judges to guarantee the rule of law on issues related with the right of reparation: the exhumation of victims of enforced disappearances and the removal of symbols exalting the Spanish Civil War and the Franco regime.

keywords

  • historical memory; rule of law; judiciary; victims of francoist repression; transitional justice