Transitional Justice and Forensic Exhumations: Reconciling Post-Conflict Violence in Spain

Abstract

After the Spanish Civil War (1936–1939), Francisco Franco's dictatorship left a lasting imprint on Spain, with his narrative reflected in monuments and mass graves. The transition period (1975–1981) following Franco's death saw an amnesty that stifled accountability for past crimes, shrouded in private memory. Recent years have witnessed a surge in mass grave exhumations in Spain, aiming to reveal the buried truths of the nation's history, and revealing hidden atrocities. This article delves into forensic exhumations as a tool for transitional justice, typically used in legal proceedings to assign responsibility for civilian atrocities. Despite legal barriers like the Amnesty Law (1977) shielding pre-1976 cases from prosecution, private exhumations offer justice for victims' families. By fostering community collaboration at open exhumation sites, these efforts encourage the revision of collective memory and acknowledgment of past injustices. Through a transparent and collaborative process, forensic specialists merge scientific findings with testimonies, illuminating the fates of the disappeared and fostering truth and reconciliation.