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Declaration of Reparation and personal Recognition

What is it?

Act 52/2007, known as the Historical Memory Act, recognises the right of those who suffered persecution and violence during the Civil War and the Dictatorship to moral restitution and recovery of their personal and family memory.

For this reason, in its Section 4, the Act considers the right of those who where subjected to persecution, sentences, sanctions or to any other form of personal violence due to political, ideological or religious reasons, to obtain Acknowledgement and Restitution.

These reasons include membership of or collaboration or relations with political parties, unions, religious or military organisations, ethnic minorities, secret societies, Masonic lodges and resistance groups, as well as conduct linked to cultural, linguistic or sexual orientation options.

In this manner, Spanish democracy shall honour those citizens who directly suffered the injustice and insults derived from the Spanish Civil War and the dictatorship of Franco; those who lost their lives and also those who lost their freedom, suffering imprisonment, deportation, seizure of their property, forced labour or internment in concentration camps within or outside our frontiers. Likewise, recognition shall also be given to those who lost their country due to a long, heartbreaking and, in many cases, irreversible exile.

What are the effects of Restitution?

It implies recognition and moral restitution for those people who suffered as a result of the Civil War and the Dictatorship, and for their families.

The applicant will receive a Certificate issued by the Ministry of Justice containing the Acknowledgement and Restitution.

Only one Certificate of Restitution shall be granted to each person affected. Once granted, the Ministry of Justice may issue copies of said Certificate to other family members or public institutions that prove their relation with the affected party, when requested to do so.

Restitution does not constitute the recognition of any patrimonial liability of the State, nor of any Public Administration; nor does it produce any effects, reparation or compensation of a financial or professional nature. Nevertheless, it shall be fully compatible with any other restitution formula established by judicial legislation.

Who holds the right to request Acknowledgment and Restitution?

• The person directly affected, regardless of his/her nationality.
• In the event of death of the aforementioned, Restitution may be requested by:
  • The spouse or person with an analogous affective relationship
  • The ancestors: parents, grandparents, etc.
  • The descendants: children, grandchildren, etc.
  • The brothers and sisters
  • The nephews and nieces
• Only in the event that there is no spouse (or person with an analogous affective relationship) or any of the aforementioned family members, may Restitution be requested by public institutions in which the affected party had held office or carried out a relevant activity (for example, Town Hall, in the case of a mayor; university, in the case of a university chancellor, etc.). This will require prior agreement from the collegiate governing body.

Documentation required to apply for Restitution

• Application Form : Restitution must be applied for on the FORM which may be downloaded here.
• Documents relating to the affected party and, where appropriate, the applicant. Depending on who requests the Restitution, the following documents must also be submitted (originals or certified photocopies):
  • Documents proving the identity of the affected party (Spanish National ID Card, passport or any other document of proof of identity and nationality).
  • If the application is not submitted by the affected party, due to his/her death, documents that prove the identity of the person submitting the application and their relationship with the affected party must also be submitted (Family Book, registry certificate, etc.).
  • If the applicant is a public institution it must provide documents proving the entity's legal status, its representation and its relationship with the affected party.
• Documents relating to the facts and reasons for the request. In all cases, all documentation held by applicants regarding the facts and reasons must be submitted, as well as any background information they consider pertinent.

  Likewise, documents and reports may be submitted that have been issued by public or private entities or institutions that are related to the restitution and recovery of the personal and family memory of victims of the Civil War and the Dictatorship, as well as the political parties, unions, and associations that suffered persecution during the Dictatorship.

  The instructions attached to the form provide all the information necessary regarding the different documents.

Deadlines

Restitution may be requested at any time. If the data and documents required for the formalities are not filed together with the application, the interested party shall be given a period of ten days in which to submit them. If this requisite is not fulfilled, a resolution will be issued declaring the applicant's abandonment of the application.

This does not mean that interested parties may not reapply at a later date, once they have obtained the documents they were unable to supply at the time.

The Administration must notify the interested party of the resolution within a period of 6 months from the application submission date. Should this deadline expire without a resolution having been issued, the application shall be considered granted.

Application submission

• In person

  The application may be submitted at any of the following addresses of the Ministry of Justice:

  • Ministry Regional Offices: consult the addresses (Format PDF. Size 19 Kb)
  • The Public Information Desk of the Main Office - General Register (Plaza de Jacinto Benavente, 3. 28012 Madrid)

• Via Internet (with digital certificate

  Applications for the Declaration of Remedy and Personal Recognition may be requested in person or on-line, via the Internet. Proof of identity of the applicant will be given by means of digital certificate.