“Spain should trust its democracy and work for victims’ rights” – UN expert on transitional justice
MADRID / GENEVA (5 February 2014) – The UN international expert on
transitional justice, Pablo de Greiff* urged the authorities to “trust
their institutions and their democracy and not to postpone measures for
justice, truth and reparation for the victims of human rights violations
committed during the Civil War and the Franco dictatorship”.
“Spain is a mature democracy and the strength of its institutions
allows asserting that today the country does not face any risk of
institutional breakdown. This is by itself a guarantee of
non-recurrence,” said the Special Rapporteur on the promotion of truth,
justice, reparation and guarantees of non-recurrence appointed by the UN
Human Rights Council.
MADRID / GENEVA (5 February 2014) – The UN international expert on
transitional justice, Pablo de Greiff* urged the authorities to “trust
their institutions and their democracy and not to postpone measures for
justice, truth and reparation for the victims of human rights violations
committed during the Civil War and the Franco dictatorship”.
“Spain is a mature democracy and the strength of its institutions
allows asserting that today the country does not face any risk of
institutional breakdown. This is by itself a guarantee of
non-recurrence,” said the Special Rapporteur on the promotion of truth,
justice, reparation and guarantees of non-recurrence appointed by the UN
Human Rights Council.
transitional justice, Pablo de Greiff* urged the authorities to “trust
their institutions and their democracy and not to postpone measures for
justice, truth and reparation for the victims of human rights violations
committed during the Civil War and the Franco dictatorship”.
“Spain is a mature democracy and the strength of its institutions
allows asserting that today the country does not face any risk of
institutional breakdown. This is by itself a guarantee of
non-recurrence,” said the Special Rapporteur on the promotion of truth,
justice, reparation and guarantees of non-recurrence appointed by the UN
Human Rights Council.
Concluding his official visit to Spain, Mr
de Greiff highlighted that “genuine reconciliation requires the
implementation of these four measures: truth, justice, reparation and
guarantees of non-recurrence,” that represent the four pillars of his
mandate.
“It is essential that the State finds ways to provide access to
justice for the victims,” the human rights expert said, reiterating
recommendations made by other UN bodies on matters of justice, including
the withdrawal of the Amnesty Law.
“In practice,” the Rapporteur pointed-out, “the Amnesty Law, the
prescription of the crimes, the non-retroactivity of the law, the
presumption of the death of the perpetrators, are arguments used to file
the cases, without investigation.”
Mr de Greiff emphasized the fundamental value of the investigation
for the realization of the right to truth. “The State must promote
greater awareness on the obligation to protect the rights that the
alleged perpetrators hold, as well as the victims’ rights,” he said.
In relation to truth, the Rapporteur expressed concern about the
fragmentation of existing information, mainly gathered thanks to the
efforts of historians, investigators and the victims and their
relatives.
In that regard, he recommended the establishment of a mechanism to
‘officialise’ the truth, “to coordinate efforts and centralize
information about all the victims, regardless of the side or political
affiliation of the victims or the perpetrators.” The Rapporteur urged
both State institutions and civil society to focus the debate on the
notion of rights, beyond political considerations.
Transitional policies in Spain have focused on the element of
reparation. However, one of the main demands of the victims and their
relatives relates to the adoption of programmes which include categories
of victims of human rights violations that are not covered by existing
programmes, in addition to the annulment of the sentences pronounced by
courts created during the Civil War and the Franco dictatorship.
“The impact of the conflict and the dictatorship on women is also an
element that should be considered as a priority,” the Rapporteur said.
During his official visit to Spain, Mr de Greiff met with a large
variety of representatives of the executive branch, the legislative and
the judiciary, with Ombudspersons and institutions of historic memory,
as well as representatives of the civil society, including victims,
relatives, organisations and academics, both at central level, and in
the Autonomous Communities of Andalucía, Cataluña and Galicia.
Concluding his official visit to Spain, Mr
de Greiff highlighted that “genuine reconciliation requires the
implementation of these four measures: truth, justice, reparation and
guarantees of non-recurrence,” that represent the four pillars of his
mandate.
“It is essential that the State finds ways to provide access to
justice for the victims,” the human rights expert said, reiterating
recommendations made by other UN bodies on matters of justice, including
the withdrawal of the Amnesty Law.
“In practice,” the Rapporteur pointed-out, “the Amnesty Law, the
prescription of the crimes, the non-retroactivity of the law, the
presumption of the death of the perpetrators, are arguments used to file
the cases, without investigation.”
Mr de Greiff emphasized the fundamental value of the investigation
for the realization of the right to truth. “The State must promote
greater awareness on the obligation to protect the rights that the
alleged perpetrators hold, as well as the victims’ rights,” he said.
In relation to truth, the Rapporteur expressed concern about the
fragmentation of existing information, mainly gathered thanks to the
efforts of historians, investigators and the victims and their
relatives.
In that regard, he recommended the establishment of a mechanism to
‘officialise’ the truth, “to coordinate efforts and centralize
information about all the victims, regardless of the side or political
affiliation of the victims or the perpetrators.” The Rapporteur urged
both State institutions and civil society to focus the debate on the
notion of rights, beyond political considerations.
Transitional policies in Spain have focused on the element of
reparation. However, one of the main demands of the victims and their
relatives relates to the adoption of programmes which include categories
of victims of human rights violations that are not covered by existing
programmes, in addition to the annulment of the sentences pronounced by
courts created during the Civil War and the Franco dictatorship.
“The impact of the conflict and the dictatorship on women is also an
element that should be considered as a priority,” the Rapporteur said.
During his official visit to Spain, Mr de Greiff met with a large
variety of representatives of the executive branch, the legislative and
the judiciary, with Ombudspersons and institutions of historic memory,
as well as representatives of the civil society, including victims,
relatives, organisations and academics, both at central level, and in
the Autonomous Communities of Andalucía, Cataluña and Galicia.
de Greiff highlighted that “genuine reconciliation requires the
implementation of these four measures: truth, justice, reparation and
guarantees of non-recurrence,” that represent the four pillars of his
mandate.
“It is essential that the State finds ways to provide access to
justice for the victims,” the human rights expert said, reiterating
recommendations made by other UN bodies on matters of justice, including
the withdrawal of the Amnesty Law.
“In practice,” the Rapporteur pointed-out, “the Amnesty Law, the
prescription of the crimes, the non-retroactivity of the law, the
presumption of the death of the perpetrators, are arguments used to file
the cases, without investigation.”
Mr de Greiff emphasized the fundamental value of the investigation
for the realization of the right to truth. “The State must promote
greater awareness on the obligation to protect the rights that the
alleged perpetrators hold, as well as the victims’ rights,” he said.
In relation to truth, the Rapporteur expressed concern about the
fragmentation of existing information, mainly gathered thanks to the
efforts of historians, investigators and the victims and their
relatives.
In that regard, he recommended the establishment of a mechanism to
‘officialise’ the truth, “to coordinate efforts and centralize
information about all the victims, regardless of the side or political
affiliation of the victims or the perpetrators.” The Rapporteur urged
both State institutions and civil society to focus the debate on the
notion of rights, beyond political considerations.
Transitional policies in Spain have focused on the element of
reparation. However, one of the main demands of the victims and their
relatives relates to the adoption of programmes which include categories
of victims of human rights violations that are not covered by existing
programmes, in addition to the annulment of the sentences pronounced by
courts created during the Civil War and the Franco dictatorship.
“The impact of the conflict and the dictatorship on women is also an
element that should be considered as a priority,” the Rapporteur said.
During his official visit to Spain, Mr de Greiff met with a large
variety of representatives of the executive branch, the legislative and
the judiciary, with Ombudspersons and institutions of historic memory,
as well as representatives of the civil society, including victims,
relatives, organisations and academics, both at central level, and in
the Autonomous Communities of Andalucía, Cataluña and Galicia.
The
Rapporteur visited several memory sites, including the Valle de los
Caídos, the cemetery of Paracuellos de Jarama, the so-called Canal of
the Prisoners (Canal of Bajo Guadalquivir) and the remaining of the
concentration camp of Los Merinales, close to Seville, and the mausoleum
built on a mass grave in Cazalla de la Sierra. He also visited the mass
grave of the Fossar de la Pedrera and the Montjuic Castle in Barcelona,
as well as the Island of San Simón in Galicia.
The Special Rapporteur will present his final report on his visit to the Human Rights Council in September 2014.
(*) Read the full statement of the Rapporteur concluding his official visit to Spain: http://www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=14216&LangID=S
Pablo de Greiff (Colombia) was appointed by the UN Human Rights
Council as the Special Rapporteur on the promotion of truth, justice,
reparation and guarantees of non-recurrence. He is independent from any
government and serves in his individual capacity. Mr. de Greiff has
extensive professional and academic expertise on transitional justice
issues, including on the four measures under this mandate (truth,
justice, reparations and guarantees of non-recurrence). Learn more, log
on to: http://www.ohchr.org/EN/Issues/TruthJusticeReparation/Pages/Index.aspx
UN Human Rights, country page – Spain: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/ESIndex.aspx
The
Rapporteur visited several memory sites, including the Valle de los
Caídos, the cemetery of Paracuellos de Jarama, the so-called Canal of
the Prisoners (Canal of Bajo Guadalquivir) and the remaining of the
concentration camp of Los Merinales, close to Seville, and the mausoleum
built on a mass grave in Cazalla de la Sierra. He also visited the mass
grave of the Fossar de la Pedrera and the Montjuic Castle in Barcelona,
as well as the Island of San Simón in Galicia.
The Special Rapporteur will present his final report on his visit to the Human Rights Council in September 2014.
(*) Read the full statement of the Rapporteur concluding his official visit to Spain: http://www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=14216&LangID=S
Pablo de Greiff (Colombia) was appointed by the UN Human Rights
Council as the Special Rapporteur on the promotion of truth, justice,
reparation and guarantees of non-recurrence. He is independent from any
government and serves in his individual capacity. Mr. de Greiff has
extensive professional and academic expertise on transitional justice
issues, including on the four measures under this mandate (truth,
justice, reparations and guarantees of non-recurrence). Learn more, log
on to: http://www.ohchr.org/EN/Issues/TruthJusticeReparation/Pages/Index.aspx
UN Human Rights, country page – Spain: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/ESIndex.aspx
Rapporteur visited several memory sites, including the Valle de los
Caídos, the cemetery of Paracuellos de Jarama, the so-called Canal of
the Prisoners (Canal of Bajo Guadalquivir) and the remaining of the
concentration camp of Los Merinales, close to Seville, and the mausoleum
built on a mass grave in Cazalla de la Sierra. He also visited the mass
grave of the Fossar de la Pedrera and the Montjuic Castle in Barcelona,
as well as the Island of San Simón in Galicia.
The Special Rapporteur will present his final report on his visit to the Human Rights Council in September 2014.
(*) Read the full statement of the Rapporteur concluding his official visit to Spain: http://www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=14216&LangID=S
Pablo de Greiff (Colombia) was appointed by the UN Human Rights
Council as the Special Rapporteur on the promotion of truth, justice,
reparation and guarantees of non-recurrence. He is independent from any
government and serves in his individual capacity. Mr. de Greiff has
extensive professional and academic expertise on transitional justice
issues, including on the four measures under this mandate (truth,
justice, reparations and guarantees of non-recurrence). Learn more, log
on to: http://www.ohchr.org/EN/Issues/TruthJusticeReparation/Pages/Index.aspx
UN Human Rights, country page – Spain: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/ESIndex.aspx
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