Close Notification

Your cart does not contain any items

Amnesties, Pardons and Transitional Justice: Spain's Pact of Forgetting

Roldan Jimeno



We can order this in for you
How long will it take?


21 March 2019
Peace studies & conflict resolution; History; International law
In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty - rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions - can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.
By:   Roldan Jimeno
Imprint:   Routledge
Country of Publication:   United Kingdom
Dimensions:   Height: 234mm,  Width: 156mm, 
Weight:   386g
ISBN:   9780367232368
ISBN 10:   0367232367
Pages:   248
Publication Date:   21 March 2019
Audience:   College/higher education ,  Primary
Format:   Paperback
Publisher's Status:   Active
Introduction 1 Background to Francoist Spain: Granting pardons to the defeated in the war and enemies of the regime 2 The beginnings of the transition 3 The 1977 Amnesty Law and subsequent clemency measures 4 Amnesty during the post-transition years (1982-2007) 5 Amnesty after the Historical Memory Law (2007-2016) Conclusion

Roldan Jimeno is a Senior Lecturer in Legal History at the Public University of Navarre, Spain.

See Also