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"Spain must rely on its democracy and act on behalf of
the victims" - UN expert on transitional justice
MADRID / GENEVA (February 5, 2014) -The independent expert
on justice transitional UN Pablo de Greiff urged * to authorities in Spain to
"trust in its institutions and its democracy no longer postpone action on
behalf of justice, truth and reparation for victims of violations of human
rights committed during the Civil War and the Franco dictatorship. "
"Spain is a mature democracy and the strength of its
institutions to suggest that now the country does not face any risk of
institutional breakdown. This in itself is a guarantee of non-repetition,
"said the Special Rapporteur on the promotion of truth, justice,
reparation and guarantees of non-repetition appointed by the Human Rights
Council of the UN.
At the end of their official visit, Mr. de Greiff stressed
that "genuine reconciliation goes through the implementation of these four
measures: truth, justice, reparation and guarantees of non-repetition."
representing the four pillars of its mandate
"it is key to the State find ways to allow victims access
to justice, "the human rights expert, to reiterate recommendations on
justice by other UN bodies, including the cancellation of the Amnesty Law.
"In the practice ", stressed Rapporteur," the
Amnesty Law, the statute of limitations, the non-retroactivity of the law, the
presumption of death of the accused, are arguments used to file cases without
allowing the advancement of research " .
Mr. de Greiff stressed the value of research essential for
the exercise of the right to the truth: "The state should promote greater
awareness of the obligation to ensure the rights of both the accused always
deserve the rights that also shelter the victims, "he said.
In real terms, the Rapporteur expressed concern about the
fragmentation of existing information, collected in mostly thanks to the
efforts of historians, researchers and victims themselves and family. In this
regard, it recommended the creation of a mechanism to 'formalize' the truth,
"to coordinate efforts and centralize information about all victims, regardless
of their faction or political affiliation or that of the perpetrators."
The expert urged both State institutions and civil society
to focus the debate on a notion of rights that goes beyond partisan political
considerations.
The political transition in Spain has focused on the aspect
of reparation. However, one of the major demands of the victims and their
families is the adoption of programs that include categories of victims of
human rights violations not covered by existing programs, in addition to the
annulment of judgments of all courts created during the Civil War and the
Franco regime.
"The impact of the Civil War and the Franco regime on
women is also a factor to be considered a priority," said the Special
Rapporteur.
During his official visit to Spain, Mr. de Greiff met with a
variety of representatives of the executive, legislative and judicial, with
Ombudsmen and institutions of historical memory, as well as representatives of
civil society, including victims, families, associations and academics, both
centrally and in the autonomous regions of Andalusia, Catalonia and Galicia.
The Rapporteur visited several places of memory, including
the Valley of the Fallen, the cemetery of Paracuellos de Jarama, the so-called
Prisoners Channel (Canal del Bajo Guadalquivir) and remnants of the
concentration camp near Seville's Merinales and the mausoleum built on the
common grave in the cemetery of Cazalla de la Sierra. He also visited the
Fossar de la Pedrera and Barcelona Montjuic Castle and the Island of San Simon
in Galicia.
The Special Rapporteur will submit a final report on his
official visit to Spain at the Human Rights Council of the UN in September
2014.
( *) Read the full statement of the Rapporteur at the end of
his visit to Spain:
http://www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=14216&LangID=S
END
The Human Rights Council of the UN Pablo de Greiff appointed
as the first Special Rapporteur on the promotion of truth, justice, reparation
and guarantees of non-repetition in March 2012. The Special Rapporteur is
independent from any government and serves in his private capacity.
Pablo de Greiff , Colombian human rights expert, he has been
Director of Research at the International Center for Transitional Justice since
2001. He has worked with different entities of transitional justice in the
world and has advised many governments and multilateral institutions. He has
also worked with several non-governmental organizations working with victims in
different countries. Mr. de Greiff has published widely on issues related to
its mandate and taught at prominent universities. For more information, visit
(in English): http://www.ohchr.org/EN/Issues/TruthJusticeReparation/Pages/Index.aspx
UN Human Rights - Spain: http://www.ohchr.org/SP/Countries/ ENACARegion / Pages / ESIndex.aspx
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Victoria Kuhn (+41 22 917 9278 / vkuhn@ohchr.org ) Or Julia Raue (+41 22 917 9278 / jraue@ohchr.org
For media requests on other independent UN experts:
Xabier Celaya, UN Human Rights - Media Unit: + 41 22 917
9383 / xcelaya@ohchr.org
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