Barcelona Prosecutors Launch Historic Investigation into Franco-Era Tortures
For the first time, judicial proceedings are opened to examine abuses committed by the Franco regime in police stations.
The Barcelona Prosecutor's Office, in coordination with the Human Rights and Democratic Memory Unit of the State Prosecutor's Office, has initiated judicial proceedings to investigate the tortures committed during the Franco regime by members of the Political-Social Brigade at the Vía Laietana Police Headquarters in Barcelona.
This marks a historical step in addressing past human rights violations in Spain.
The proceedings were prompted by a complaint filed by an individual who was detained in February 1977 at the Vía Laietana police station.
The complaint details physical and psychological mistreatment endured during their detention, which forms part of the systematic repression imposed by the dictatorial regime on political grounds.
According to the decree initiating the investigation, there is a legal obligation established by the Democratic Memory Law to conduct an effective investigation that respects the victims' rights to truth, justice, reparations, and guarantees of non-repetition.
These principles are recognized as fundamental under international human rights law and are enshrined in Article 10.2 of the Spanish Constitution, which guarantees effective judicial protection.
The decree also addresses the specific requirements necessary for applying the Democratic Memory Law, stipulating that the investigation must focus on grave violations of international human rights or humanitarian law, occurring in relation to the July 18, 1936 coup, the subsequent civil war, and the dictatorship until the enactment of the Spanish Constitution on December 29, 1978. Additionally, the investigation will take into account whether these acts were perpetrated within the context of an institutionalized regime of repression against the civilian population, particularly for political reasons.
In prior actions, the Public Prosecutor’s Office had maintained that, in line with the new law, it is essential to carry out a thorough investigation.
The ultimate goal of this investigation does not necessarily have to be criminal prosecution but rather the assurance of victims’ rights to truth, justice, and reparations, regardless of the outcome of the legal process.
This marks a historical step in addressing past human rights violations in Spain.
The proceedings were prompted by a complaint filed by an individual who was detained in February 1977 at the Vía Laietana police station.
The complaint details physical and psychological mistreatment endured during their detention, which forms part of the systematic repression imposed by the dictatorial regime on political grounds.
According to the decree initiating the investigation, there is a legal obligation established by the Democratic Memory Law to conduct an effective investigation that respects the victims' rights to truth, justice, reparations, and guarantees of non-repetition.
These principles are recognized as fundamental under international human rights law and are enshrined in Article 10.2 of the Spanish Constitution, which guarantees effective judicial protection.
The decree also addresses the specific requirements necessary for applying the Democratic Memory Law, stipulating that the investigation must focus on grave violations of international human rights or humanitarian law, occurring in relation to the July 18, 1936 coup, the subsequent civil war, and the dictatorship until the enactment of the Spanish Constitution on December 29, 1978. Additionally, the investigation will take into account whether these acts were perpetrated within the context of an institutionalized regime of repression against the civilian population, particularly for political reasons.
In prior actions, the Public Prosecutor’s Office had maintained that, in line with the new law, it is essential to carry out a thorough investigation.
The ultimate goal of this investigation does not necessarily have to be criminal prosecution but rather the assurance of victims’ rights to truth, justice, and reparations, regardless of the outcome of the legal process.
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