Neither oblivion nor reconciliation. An analysis of post-Francoist Spanish historical memory and Transitional Justice

Abstract

Authoritarian regimes seek their preservation through the systematic repression of any dissidence, leading to the perpetration of crimes against anyone who might challenge the regime's values and legitimacy. Thus, when transitioning from an authoritarian regime to a democratic system, implementing a comprehensive transitional justice process is imperative to close old wounds and ensure reconciliation and reparation between the parties. Francoism, like every authoritarian regime, was not exempt from committing serious crimes against its enemies for more than three decades. Nonetheless, when Spain transitioned from a dictatorial to a democratic model, democratization was prioritized over justice. Despite the Spanish reluctance to adopt all necessary transitional justice measures during the democratization process, the Spanish Transition has been claimed to be an exemplary case to follow and study. This article aims to overview the three legal documents that were supposed to guarantee transitional justice to the victims and the Spanish society: the 1977 Amnesty Law, the 2007 Historical Memory Law, and the recently passed 2022 Law of Democratic Memory. This article concludes that although the 2022 Law of Democratic Memory has solved some of the flaws of previous legislation, there are still some key aspects of transitional justice which remain unaddressed.