Paloma Aguilar

Determinants of Attitudes Toward Transitional Justice: An Empirical Analysis of the Spanish Case

Much has been said about the institutional determinants of transitional justice (TJ), yet scholars still know little about the determinants of citizens’ attitudes toward restorative policies aimed at addressing human rights violations of the past. This article draws on an original survey of a representative sample of Spanish citizens conducted in 2008. One year earlier, the Spanish socialist government had approved the so-called Law of Historical Memory, aimed at providing restitution for victims of the Spanish Civil War (1936-1939) and the Francoist dictatorship (1939-1975). We analyze individual-level attitudes toward a set of TJ policies (i.e., truth commissions, trials, and symbolic reparations) in a comprehensive overview of the field. We study the effects of different sets of variables: individual sociodemographic and ideological factors, family and socialization variables, and context-related factors. Individual ideology, family victimization during the dictatorship, and regional context appear highly relevant in explaining individual attitudes toward TJ policies.

Collective memory of the Spanish civil war: The case of the political amnesty in the Spanish transition to democracy

This article focuses on two interrelated, but relatively ignored, factors in the Spanish transition to democracy (1975–78): first, the most important political mobilizations of the period in which the people demanded an amnesty for the political prisoners of the dictatorship; second, the presence of a collective memory of the Spanish civil war (1936–39), whose repetition was now to be avoided at all costs. It argues that the many collective actions that took place in Spain in favour of an amnesty were, to a great extent, inspired by a widespread desire for reconciliation among Spaniards. Spanish society had suffered a deep split as a consequence of the civil war and, because of the presence of the Francoist regime, no symbolic measures to reach national reconciliation had taken place. The climate generated by the often violent confrontations between police and demonstrators (and not only during demonstrations in favour of the amnesty), and the number of resulting deaths and injuries, made the people remem...

Memory, media and spectacle: Interviú's portrayal of Civil War exhumations in the early years of Spanish democracy

ABSTRACT The Franco regime promoted a memory of the war full of distortions and omissions. The silenced existence of mass graves with Republican civilians executed by Francoists was among the most outrageous of these. During the transition, the desire to put aside the traumatic memory of the war led to the neglect of these victims. This was particularly visible in the absence of government policies regarding these corpses. In spite of this silence, a first wave of exhumations took place in the transition period. We deal with its unique exposure in one of Spains most controversial and successful magazines: Interviú. Despite widespread extreme-right violence and threats, Interviú was one of the very few media that dared to cover this type of information. This article is based on research in Interviús archives and on interviews with some of the journalists responsible for the reports. We will explain the reasons behind these unparalleled reports and will analyze why, in contrast with what happened many years later, Interviús efforts failed to unleash a widespread social reaction in favor of exhuming and reburying the remains concealed in these graves. Our study contributes to current debates on the interconnections between the media and complex social memory processes.

Whatever happened to Francoist socialization? Spaniards' values and patterns of cultural consumption in the post-dictatorial period

Francoism had nearly four decades in which to try to inculcate Spaniards with a set of values suited to upholding its regime. For this purpose it had numerous sources of socialization at its disposal, as well as control of the media. This article aims to examine the legacies of this socializing process by reviewing not only the main features of the political culture of Spaniards, but also their patterns of cultural consumption regarding cinema and books. The later is a source of information that tends to be overlooked in political science literature, yet it may be useful in helping to unravel the predominant system of values at any given time. If the dictatorship managed to socialize a significant proportion of Spanish citizens, then this should also be reflected in the type of cultural products most favourably received after Francos death. Although this article confirms the existence of a number of cultural traits inherited from the dictatorship, it also demonstrates the unconditional support which the vast majority of citizens give to democracy. To the extent that the main aim of Francoist indoctrination was to avoid democratic values to permeate Spanish political culture, we can confirm its failure. However, more subtle aspects – derived from Francoist socialization – may be negatively affecting the quality of democracy in Spain. Some of these are reflected in the delay at providing adequate redress to the victims of the dictatorship.

Generational dynamics in Spain: Memory transmission of a turbulent past:

Despite the crucial transformations that Spain has experienced since Franco’s death, and in contrast with other countries that have democratized in recent decades, considerable reluctance remains toward implementing transitional justice measures. On the contrary, there is a tendency to hold on to a framework that combines the Amnesty Law of 1977 with partial reparations as the best guarantors of democratic stability. According to extant literature, generational change has played a fundamental role in the direction taken by recent initiatives dealing with the memory of Francoist repression, particularly since 2000. A small but very active part of the “grandchildren’s generation” has driven various initiatives that have influenced political and judicial agendas. We provide empirical evidence showing that while, in general terms, it would be true to say that third and fourth generations have been more supportive of the implementation of bolder memory policies, their contribution must nevertheless be subjected to careful nuancing.

Justice institutions in autocracies: a framework for analysis

ABSTRACT What role do justice institutions play in autocracies? We bring together the literatures on authoritarian political institutions and on judicial politics to create a framework to answer this question. We start from the premise that autocrats use justice institutions to deal with the fundamental problems of control and power-sharing. Unpacking “justice institutions” we argue that prosecutors and ordinary courts can serve, respectively, as “top-down” and “bottom-up” monitoring and information-gathering mechanisms helping the dictator in the choice between repression and cooptation. We also argue that representation in the Supreme Court and special jurisdictions enables the dictator and his ruling coalition to solve intra-elite conflicts facilitating coordination. We provide several examples from Mexico under the hegemonic system of the PRI and of Spain under Francisco Franco, as well as punctual illustrations from other countries around the world. We conclude by reflecting on some of the potential consequences of this usage of justice institutions under autocracy for democratization.

Unsettling Bones as Unsettling Accounts

The grandchildren of the Civil War have profoundly affected Spain’s efforts to sustain the pact of oblivion by unburying new evidence through the exhumation of mass graves, accompanied by ceremonial acts and testimonies about past violence. The act of unsettling the bones has also unsettled accounts. The grandchildren benefited from timing. This younger generation lived through the period of silence and oblivion, and only acted and challenged it at a safer moment long after the transition. They themselves did not fear negative repercussions for disturbing Spain’s settled past but instead acted as citizens in a democracy, challenging views, posing alternatives, and making demands for dialogue. They seized a very persuasive stage, moreover, a site in which the violence of the past could not be denied. Due to this timing and staging, these political actors also received an audience. The media covered the exhumations, the events that transpired at them, the revelations and denials. In so doing, a debate ensued, the very early beginnings of contentious coexistence.

Few, Fleeting, and Fugitive Confessions

The expectation that perpetrators’ confessions would set off a public debate did not occur in Spain. When confessions took place, they proved few, fleeting, or fugitive. Perpetrators vanished before a dialogue could begin. Many years had passed since the worst atrocities. Society, still haunted by the memory of these events, wanted to move on. The heroic confessions, which blamed Republicans for the violence that Francoist patriotic forces had to crush, overwhelmed and silenced any alternative version of the past. Spanish society was determined to avoid catalyzing contentious political and social debate over them. This chapter tracks these processes through the confessional acts of Jose Luis de Vilallonga.

Heroic Historic Confessions

During the early stages of the Civil War, some of the main military authorities on the Francoist side confessed to a plan to use brutal and widespread violence to eliminate the Republican enemy. These heroic confessions failed to provoke outrage due to their timing, staging, and audience. Occurring in the midst of the war, they lacked either a public stage or an audience capable of provoking contestation over them. But this type of heroic narrative, glorifying violence, was conveniently forgotten. A settled account emerged instead that emphasized a self-sacrificing heroic struggle by Francoists against Republican atrocities.

Unsettling the Balance

A new, settled account emerged during the transition to democracy. The narrative of “we are all guilty” attempted to equalize responsibility for past atrocities. Disturbing confessions on both sides of the Spanish Civil War emerged, however, and they unsettled the accounts of the past. This chapter examines the confessions of perpetrators who live with the trauma of witnessing and committing violent acts under orders or for a cause. It explores the complex layers of complicity in the violence and avoids simplistic notions of good and evil.