Practice Relating to Rule 150. Reparation
Section C. Forms of reparation other than compensation
Spain’s Law on the Victims of the Civil War and the Dictatorship (2007) states under the heading “General Acknowledgement”:
As an expression of all citizens’ right to moral reparation and to the restoration of personal and family memory, the radically unjust nature of all convictions, sanctions, and all forms of personal violence suffered for political, ideological or religious reasons during the Civil War as well as during the Dictatorship is hereby acknowledged and declared.
In 2008, in its written replies to the Human Rights Committee concerning its fifth periodic report, Spain stated with regard to the reparation measures that have been granted to victims of torture:
[N]ote should be taken of the recent adoption of Act. No. 52/2007 of 26 December 2007, which recognizes and extends rights and introduces measures in favour of victims of persecution or violence during the civil war and the dictatorship; and which, with regard to compensation for victims of the Franco period (including victims of torture), provides for the right to claim redress and personal recognition. Article 1 of the Act establishes the right to moral compensation and to the commemoration of those victims and their families. Accordingly, article 2 of the Act acknowledges and confirms the basically unjust nature of all sentences, punishments and personal violence, which occurred for political, ideological or religious reasons during the periods in question. That general assessment is complemented, as the explanatory statement of the Act indicates, with a specific procedure for obtaining a personal declaration of rehabilitation and redress under article 4 of the Act. That right may be exercised by the victims themselves, their family or the public bodies, in which the victims held an office or carried out a relevant activity.
In 2009, in its written replies to the Committee against Torture concerning its fifth periodic report, Spain stated:
167. … [T]he efforts undertaken in the last years by the Spanish State with regard to the victims of the civil war and the dictatorship … must be emphasized. The recent adoption of Law No. 52/2007 of 26 December recognized and strengthened the rights and established measures in favour of those who suffered persecution or violence during the civil war and the dictatorship, [including] the right of the victims of Francoism (including those tortured) to obtain a declaration of reparation and personal recognition.
168. In this way, the law recognizes in article 1 the right to moral reparation and to the recovery of the personal and family history of those who suffered persecution or violence during the civil war and the dictatorship. As an expression of this right, article 2 recognizes and declares the radically unjust nature of the sentences, punishments and other forms of violence [that were committed] against persons for political, ideological or religious reasons during the civil war, as well as those that occurred for the same reasons during the dictatorship. This generic declaration is complemented by … a special procedure to obtain a personal declaration … for all those affected, which may be exercised by them or by their families or by the public institutions for which they worked.