When one mentions enforced disappearances, it is likely that Argentina, Chile and Chechnya come to mind. However, in the heart of Europe, thousands of Spanish families are still digging up roadsides and fields in search of their missing relatives, believed to be buried randomly or in mass graves spread across the country. It is estimated that more than 110,000 people were disappeared during the Spanish Civil War and subsequent Franco regime, meaning that Spain could easily be the country with the highest number of enforced disappearances in the world.

No justice despite 36 years of democracy

Enforced disappearances amount to a continuing violation of several fundamental rights, a violation that will last until the fate and whereabouts of the victims are established. At present, this is the situation of tens of thousands of missing persons buried in mass graves all over Spain. The existing systematic impunity, which is tolerated and promoted by the Spanish state, contributes to prolonging the suffering of the victims’ families.

The Spanish Civil War started in 1936 and lasted three years, after which a dictatorship, headed by General Franco, was established (lasting until 1975). Serious human rights violations were committed during this period, including enforced disappearances. A new democratic constitutional regime was instituted in 1978, which means that the country has lived in democracy for almost 36 years now.

Despite this, the victims of enforced disappearances and their families are still seeking justice, truth and reparations. For the Spanish authorities and tribunals, claims for justice and truth would reopen old wounds that time has already healed, and would risk dividing the country once again. However, as UN special rapporteur on the truth, justice and reparation said after his visit to Spain, to protect the victims is not a question of supporting one or another, but a matter of human rights.

UN urges Spain to investigate all disappearances

The special rapporteur has also stated that Spain's democracy is mature enough to settle its debts with the past, and the UN Working Group on Enforced or Involuntary Disappearances has clarified that the right to know the truth about the fate and whereabouts of their relatives “is an absolute right” of the victims' families and is “an obligation that has to be complied with according with international law." Both the Working Group and the special rapporteur have highlighted that, bearing in mind the old age of victims’ relatives, the authorities should adopt measures urgently and prioritize them. The stress and anguish that families of the disappeared have had to endure, and must continue to endure, amounts to a further violation of their human rights, including torture.

The UN Working Group has also established that “[e]ven if certain aspects of an enforced disappearance may have been completed years or decades ago, if other aspects of the disappearance persist, and especially if the fate or whereabouts of the victim have not been established, the case should be tried by the criminal courts and the act of enforced disappearance should not be broken down into smaller parts […] the period of limitations can only begin once the disappearance has ceased." The UN Committee on Enforced Disappearances has urged Spain to “ensure that all disappearances are investigated thoroughly and impartially, regardless of the time that has elapsed since they took place and even if there has been no formal complaint.” Despite UN recommendations and international law, Spanish authorities still deny the continuing nature of enforced disappearance, which impede the investigation of serious rights violations.

The crime of enforced disappearance does not exist in the Spanish Criminal Code, despite its inclusion being expressly required under international law. The criminal code reform currently being debated in Spain's Parliament should include this amendment. The UN Committee – as well as the Working Group – have urged the state to "adopt the necessary legislative measures to make enforced disappearance a separate offense in line with the definition in Article 2 of the Convention, and that the offense should be punishable by appropriate penalties that take into account its extreme seriousness."

Help us claim justice for the victims and their families

On this International Day of the Victims of Enforced Disappearances, we believe that the best tribute that Spain can pay to the victims and their families is to comply with its international obligations and implement the recommendations issued by the UN bodies. This is why we launch today this petition directed to the prime minister and the minister of justice. Help us to claim truth, justice and reparation for the victims and their families!