Gil Gil, Alicia. “Transitional justice in Spain: an example of total oblivion with partial rehabilitation”

The chapter examines the Spanish transition from Franco’s dictatorship to democracy, highlighting the methods used by the regime to legitimize itself and the consequences of the transition on the Spanish political system. The dictatorship created a pervasive official narrative, depicting its victory as a crusade against evil, leading to widespread indoctrination and imposed memory. After Franco’s death, a series of political reforms, including the legalization of political parties and the adoption of a new Constitution, facilitated the transition. However, this process was marked by a lack of political justice; no truth commissions were established, and the Amnesty Law of 1977 shielded many from prosecution for crimes committed during the dictatorship. While the transition avoided violent ruptures and achieved reconciliation, it left unresolved issues, including inadequate reparation for victims and lingering negative impacts on Spanish democracy, such as corruption and oligarchic political behaviors. The chapter argues that despite the legal soundness of the transition within the context of international law at the time, the failure to fully address past injustices continues to affect Spain’s political and social landscape.

Gil Gil, Alicia. “Spain as an example of total oblivion with partial rehabilitation.” In The Role of Courts in Transitional Justice: Voices from Latin America and Spain, edited by Jessica Almqvist and Carlos Esposito (Routledge, 2012): 103-131.