Police Forces Under Franco's Regime Accused of Torture for First Time, as Victim Speaks Out
Firing Up the Past
Brace yourself folks, it's time we delve into some heavy history! On May 19th, the Fiscalía is summoning Blanca Serra, a left-wing activist who was allegedly tortured by Francoist police in 1977 at a station in Barcelona, to testify. This kicks off the very first investigation into the brutal abuses of the Francoist police in Spain.
This testimony session is the first in a series of diligences initiated by delegate prosecutor for Human Rights and Democratic Memory, Sara Gómez Exposito, in this groundbreaking investigation announced on April 3rd.
The Ministry of the Prosecutor's Office has highlighted in its statement that in past proceedings, they have backed the opinion that with the new law, effective investigations must be conducted to uphold the victims' rights to the truth, justice, and reparation, regardless of the process's final outcome.
And here's the bombshell— for the first time ever, the Prosecutor's Office has requested justice to investigate the tortures of Francoism.
This investigation is launched under Spain's new law on democratic memory, which encompasses the satisfaction of "the right of the victims to the truth, justice, reparation, and guarantees," all being essential components of international human rights law and part of the right to effective judicial protection under Article 10.2 of the Constitution.
The diligences stem from the complaint filed by Serra, who accuses the authorities of torturing her, along with her sister Eva, during their detentions between 1977 and 1982 at the same Barcelona station. The sisters were militants in Catalan left-wing independentism.
Courts Shut the Door
The summon follows two courts in Barcelona, supported by the High Court, denying investigating two complaints of torture—filed by trade unionist Carles Vallejo and the anti-Francoist Ferrándiz brothers— on the grounds that it's barred by the 1977 amnesty law and that the crime has lapsed.
After these dismissals, Serra directly filed a complaint with the public prosecutor's office, maintaining that she and her sister were tortured on four occasions during the Transition: in February 1977 and in 1980, 1981, and 1982.
Despite these dismissals by the justice system, the Prosecutor's Office argued in both cases that Francoist-era tortures should be investigated based on the new law on memory, though their ultimate goal wasn't the "criminal prosecution" of the perpetrators but to ensure the victims their rights to the truth, justice, and reparation, irrespective of the process's final outcome.
- The average Spanish citizen is following the groundbreaking investigation into Francoist-era abuses, which kicked off with the testimony of Blanca Serra, a left-wing activist, on allegations of torture by the Francoist police in 1977.
- This investigation deviates from past policies and legislations, as it is the first to be launched under Spain's new law on democratic memory, aiming to uphold the victims' rights to truth, justice, and reparation, regardless of the process's final outcome.
- Politics and general news are abuzz with discussions around this investigation, as it marks a significant shift in Spain's approach to addressing war-and-conflicts, crime-and-justice, and human rights violations.
- independentism and diligences related to this investigation stem from the complaint filed by Serra, a militant in Catalan left-wing independentism, who accuses the authorities of torturing her and her sister during their detentions between 1977 and 1982 at a Barcelona station.
- Regardless of previous decisions by the justice system dismissing torture complaints, this new investigation policy aims to ensure that war-and-conflict-related crimes like this are diligently investigated, independent of any amnesty law or lapsed crime status.
