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POLITICS

Spain’s contested Catalan amnesty bill comes into force

After months of legal rigmarole, the controversial amnesty law for Catalan separatists involved in a botched 2017 secession bid came into effect on Tuesday after being published in the state bulletin (BOE), with judges now charged to apply the measure.

Spain's contested Catalan amnesty bill comes into force
President of Catalan separatist party Esquerra Republicana de Catalunya - ERC (Republican Left of Catalonia) Oriol Junqueras (C) gestures as he celebrate after the final approval of the amnesty law for Catalan separatists during a plenary session at the Congress in Madrid, on May 30, 2024. (Photo by JAVIER SORIANO / AFP)

The law, which was approved by parliament on May 30th and is expected to affect around 400 people, came into force after it was published in Spain’s official gazette.

The most high-profile and controversial beneficiary is Carles Puigdemont.

The former president of Catalonia led the 2017 secession drive in the wealthy northeastern region of Spain before going into self-exile in Belgium, where he has resided ever since.

An amnesty would allow him to return to Spain.

Judges will have two months in which to apply it on a case by case basis.

Many judges are opposed to the amnesty and they may refer it to Spain’s Constitutional Court or the European Court of Justice.

“A new battle begins,” Jordi Turull, secretary general of Puigdemont’s hardline separatist JxCAT party, said on X.

He predicted “the application of the law” by some judges “will not be easy but sooner or later we will succeed”.

Catalonia’s other major separatist party, the more moderate ERC, said that around 30 of its members had applied for amnesty.

They include Oriol Junqueras, who was sentenced to 13 years in prison for his role in the secession attempt before he was pardoned by Socialist Prime Minister Pedro Sánchez’s government in 2021.

The battle over the amnesty law has dominated Spanish politics since the general election in July 2023. Right-wing critics have staged regular street protests against it.

Sánchez, who had opposed the law in the past, agreed to grant the amnesty in exchange for obtaining support from Catalan separatist parties in parliament.

That support was essential for him to win reappointment for another four-year term in office after the inconclusive general election.

Under Puigdemont’s watch, the regional government of Catalonia pressed ahead with a referendum on independence on October 1, 2017, despite the move having been banned by the courts.

Nearly a month later, Catalonia’s regional parliament declared independence, prompting Spain’s central government to impose direct rule on the region.

The events triggered the country’s biggest political crisis since the advent of democracy following the death of dictator General Francisco Franco in 1975.

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POLITICS

Spanish government begins proceedings to outlaw Franco Foundation

Spain's Ministry of Culture has opened legal proceedings to shut down the 'Fundación Francisco Franco', a group dedicated to the dictator who ruled Spain for almost forty years.

Spanish government begins proceedings to outlaw Franco Foundation

Spain’s Ministry of Culture has begun the process of outlawing the Fundación Francisco Franco because it fails to comply with the Democratic Memory Law, controversial legislation passed two years ago by the ruling Socialists (PSOE) to try and help Spain come to terms with its dictatorial past.

The foundation, which essentially promotes the legacy of former dictator General Francisco Franco, who ruled Spain from 1939 to 1975, was founded in 1976 and presents itself as a “cultural institution without political affiliation”. It also sells nationalist memorabilia and books.

Among many admiring articles on its website, the foundation claims that Franco helped lay “the foundations on which it was possible for the democracy we enjoy to be built” and that “his successes are considerably greater than his mistakes.”

READ ALSO: 13 changes you may have missed about Spain’s new ‘Civil War’ law

The Ministry explained that it started legal proceedings to shut down the foundation “because it is considered contrary to the general interest to defend Francoism”. The move, which will likely prove controversial in Spain, has been justified by the government because it “complies with the provisions of the Democratic Memory Law.”

The legal justification is an article of the law that outlaws any group “that glorifies the coup d’état and the dictatorship or extols its leaders, with contempt and humiliation of the dignity of the victims of the coup d’état, the war or Francoism, or direct or indirect incitement to hatred or violence against them because of their status as such.”

The Democratic Memory Law, sometimes also referred to as the Historical Memory Law, was passed in October 2022 and is a wide-ranging piece of legislation that aims to settle Spanish democracy’s debt to the past and deal with the complicated legacies of its Civil War and the Franco dictatorship.

READ ALSO: Spain to relocate remains of Franco’s fascist allies to more low-key grave

The Spanish right has long been opposed to any kind of historical memory legislation, claiming that it digs up old rivalries and causes political tension. Spain’s centre-right party, the Partido Popular, pledged at the time to overturn the law if it entered government.

Among many other measures, the law made the search and excavation of mass graves the responsibility of the government, started DNA banks to identify victims, and annulled Franco-era convictions.

Culture Minister Ernest Urtasun stated in the Spanish press that the decision will ultimately be made by the courts. “Basically what we are doing is starting the implementation of the Democratic Memory Law,” he said.

The Franco Foundation said in a press statement that “we find it incomprehensible” that the law is being “directed exclusively against the Francisco Franco National Foundation.”

The process is expected to be lengthy and could involve several levels of the Spanish judiciary. The Franco Foundation may appeal any decision.

Democratic memory legislation is one of a series of steps by the PSOE government to make amends with the past, including exhuming Franco’s body and moving his body to a private family grave in 2019.

The Franco dictatorship is in living memory for many Spaniards and still an emotive issue. Critics argue historical memory legislation digs up historical divisions, and several right-wing run regions of Spain have attempted to repeal the Democratic Memory Law, including Valencia, the Balearic Islands, and Castilla y León.

READ ALSO: IN PICTURES: Franco exhumed, transported by helicopter, and reburied as Spain takes ‘step towards reconciliation’

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