Czy państwo może decydować o miejscu pochówku dyktatora? Komentarz do postanowienia hiszpańskiego Trybunału Konstytucyjnego z 17 października 2019 roku w sprawie ekshumacji szczątków Francisca Franco Bahamondego

This article comments on the Spanish Constitutional Court’s order of 17 October 2019, ATC 119/2020, regarding the exhumation and transfer of the remains of Francisco Franco Bahamonde from the Valley of the Fallen. Franco’s relatives brought a constitutional complaint before the Constitutional Court against the resolutions of the Council of Ministers of 15 February and 15 March 2019, which concerned the exhumation of the dictator’s remains and their transfer to the Mingorrrubio Cemetery in El Pardo. This was done against the wishes of the family, who had indicated another location. The applicants submitted, inter alia, that their right to respect for private and family life had been violated. In fact, certain issues relating to the treatment of the body of a deceased person fall within the scope of the right to privacy. However, the Spanish Court did not accept the applicants’ plea and held that there was no violation of the constitutional right. It justified its decision on the grounds that the right to protection of private and family life is not absolute and is subject to limitations, and that the measures applied in this case were in line with a “constitutionally legitimate aim,” proportionate and necessary. The Court’s decision is correct, although its reasoning leaves much to be desired. The Court could have strengthened its argumentation with, first, a more in-depth analysis of proportionality, and, second, with reference to Strasburg standards. In particular, as the Court pointed out, the historical and political importance of the person at the head of the political regime established after the civil war and acting as head of state meant that the decision on where to bury his remains went beyond the dimension of an individual private matter.

Memory Surrounding a Mausoleum: Transforming Spain’s Valley of the Fallen Into a Site of Conscience

Francisco Franco announced the construction of the Valley of the Fallen in 1940, a year following the end of the Spanish Civil War, and incorporated overt iconography that honored the struggle of Nationalists without memorializing the Republican victims during this war. This memorial distinguished the names of two fascist leaders, Jose Antonio Primo de Rivera and Franco, buried in the center of the basilica in 1959 and 1975, respectively. However, this site, as of June 2021, has failed to acknowledge the over 33,000 victims, both Nationalists and Republicans, interred in this site, many of whom remain unidentified. The signification of the Valley of the Fallen has transformed since the turn of the 21st century due to recent memory practices that increasingly commemorate Republican victims of the Spanish Civil War. This article illustrates how the persistence of memory and counter-memory practices have shifted the meaning of the Valley of the Fallen, creating a site of conscience through changes affecting place and space, particularly in light of Franco’s legacy.

Francisco Franco Is Back: The Contested Reemergence of a Fascist Moral Exemplar

Based on long-term ethnographic research on contemporary exhumations of mass graves from the Spanish Civil War (1936–1939), as well as analysis of the exhumation of Francisco Franco from the Valley of the Fallen, this paper looks at the ways in which the dictator’s moral exemplarity has evolved over time since his military victory in 1939. During the early years of his dictatorship, Franco’s propaganda machine built the legend of a historical character touched by divine providence who sacrificed himself to save Spain from communism. His moral charisma was enriched by associating his historical mission with a constellation of moral exemplars drawn from medieval and imperial Spain. After his death, his moral exemplarity dwindled as democratic Spain embraced a political discourse of national reconciliation. Yet, since 2000, a new negative exemplarity of Franco as a war criminal has come into sharp focus, in connection with the exhumation of the mass graves of tens of thousands of Republican civilians executed by his army and paramilitary. In recent years, Franco has reemerged as a fascist exemplar alongside a rise of the extreme right. To understand the revival of his fascist exemplarity, I focus on two processes: the rise of the political party Vox, which claims undisguised admiration for Franco’s legacy (a process I call “neo-exemplarity”), and the dismantling in October 2019 of Franco’s honorable burial and the debate over the treatment that his mortal remains deserve (a process I call “necro-exemplarity”).

Excavating Europe’s last fascist monument: The Valley of the Fallen (Spain)

Since 1945, most fascist monuments have disappeared or been deactivated in Western Europe. There is one in Spain, however, that remains fully operative: the Valley of the Fallen. The complex, devised by the dictator Francisco Franco, celebrates the Nationalist victory in the Spanish Civil War (1936–1939), keeps the bodies of thousands of victims of the conflict, as well as the leading fascist ideologue and the dictator himself, and provides a material narrative that exalts the dictatorship. With the advent of democracy in 1978, the Valley remained unchanged, untouchable, and an important focus for fascist and extreme right celebrations, both national and international. However, with the new progressive government that came to power in 2018, it has become the object of an ambitious program of resignification in which archaeology has an important role to play. In this article, I describe how archaeological work undertaken at the Valley of the Fallen is contributing toward destabilizing the dictatorial narrative by opposing the monumental assemblage of fascism to the subaltern assemblage of those who built it.

Víctimas de Defensa Interior. La violencia anarquista contra la dictadura y sus consecuencias (1962-1965)

En 1962 el movimiento libertario español creó Defensa Interior, un organismo que empleó la violencia para intentar acabar tanto con la dictadura de Francisco Franco como con la vida del propio dictador. Esta organización cometió atentados terroristas en España y ciertos puntos de Europa entre 1962 y 1963, aunque sobre el papel su historia se prolongó hasta 1965. El saldo de sus bombas fue una persona muerta y 35 heridas. En este artículo se arroja luz sobre la vida de quienes sufrieron la violencia de Defensa Interior. Así, la biografía de su única víctima mortal nos sirve para ilustrar tanto su fracaso como las consecuencias de su estrategia.

‘The Franco Way’: The American Right and the Spanish Civil War, 1936–9

The following article is an intellectual and cultural history of the American supporters of Francisco Franco (hereafter referred to as American Francoites) and the Nationalist Movement during the Spanish Civil War. This article examines political pamphlets, magazines, radio broadcasts, journal articles, and books to reconstruct the American Francoite worldview. Like pro-Franco Catholics across the globe, American Francoites insisted the war was not between democracy and fascism but communism and Christianity; as Americans, they believed that supporting Franco was critical in fulfilling a patriotic and providential duty to protect Western Christendom from godless communism. Investigating the American Francoite worldview contributes to a recent body of scholarship detailing the rise of transnational anticommunism and nationalism as a constellation of culturally contingent reactions to the growth and spread of international communism. American Francoites emerged as one peculiar form of anticommunist American nationalism. In conclusion, this article argues that the political myths perpetuated by the pro-Franco argument – that the war was a battle between godless communism and Western Christendom – survived both the Spanish Civil War and Franco himself, merging easily into the ‘new conservatism’ of the postwar period and continuing to inform the beliefs and attitudes of the present right.

Unions and agricultural protests in inland Spain during the Transition: the example of Burgos province (1975–80)

This article analyses the creation of unions and the evolution of protests (demonstrations, tractor blockades) instigated by farmers in the province of Burgos, in the interior of northern Spain, during the period following the death of the dictator Francisco Franco known as the Transition (1975–80). The study uses press articles, documentation from the Civil Government and information gathered through personal interviews. The aim of the article is to show that the farmers of the interior of northern Spain – an electorally conservative region – also participated in the citizens’ protests that were the driving force behind the democratisation process in the country during the 1970s.

Irregular adoptions and infrastructures of memory in Spain: remnant practices from the Franco Regime

The irregular adoption of displaced children during the Spanish Civil War, the Franco dictatorship and the early years of Spanish democracy remains silent and unrecognised. The difficulty in recognising these irregular practices is linked to remnant infrastructures of memory (Rubin (2018) How Francisco Franco governs from beyond the grave: An infrastructural approach to memory politics in contemporary Spain. American Ethnologist 45(2): 214–227). We propose that the time to speak openly about irregular adoptions of forcibly disappeared children in Spain is arriving, and doing so could be a way of exposing a series of ‘unknown knowns’ (Simmel, (1906) The sociology of secrecy and of secret societies. American Journal of Sociology 11(4): 441–498; Bellman R and Levy A (1981) Erosion mechanism in ductile metals. Wear 70: 1–27; Taussig M (1999) Defacement: Public Secrecy and the Labor of the Negative. Stanford: Stanford University Press).

Humor as an effective form of resistance in Franko’ Spain

From 1939 to 1975, Spain had to live under the dictatorial regime. This is the time when the Spanish state was ruled by General Francisco Franco Bahamonde and covers the period from the end of the Spanish Civil War, from 1939 until his death, to 1975. This era is also called the Franco era. The Franco government was known for its repressions, restriction of liberty, propaganda of its own ideology and censorship in almost every field, especially in literature. Censorship prohibited the publication of works that would be harmful or threatening to the established regime. During this period of Spanish history any cultural, communicative, ideological or creative activity was restricted. Censorship was mainly used by the ruling party as the main tool to restrict free thought and spread its ideology en masse. It was a protective tool of the ruling class to maintain the power.The established dictatorial regime was clearly influenced by German and Italian totalitarianism, which was manifested in working relationships, autocratic economic policy, aesthetics, the use of symbols, a one-party system, etc. Political repressions in the 1940s, strengthened the established dictatorial system. The existence of the art and the culture of that period was dependent upon the compliance with Franco's ideology. Nevertheless, authors with opposite ideologies (in literature: Carmen Laforet, Antonio Buero Vallejo, in painting: Salvador Dalí, Joan Miró, in music: Carmelo Bernaola, Luis de Pablo, in cinema: Juan Antonio Bardem, Carlos Saura, Luis García Berlanga and others) created the best works of art. Among them were critical works of post-war society. Anti-Franco magazines were also created to enable the public to express themselves freely.In Spanish society during Franco´s regime, humor had a large place in terms of self-expression and criticism of the regime. Political humor was the response of individuals to dictatorial regime and censorship. Spreading anti-regime content jokes and funny stories allowed the public to alleviate the fear and sense of helplessness that was driven by the established political regime. Humor led to a restrained but constant critique of the current regime.The article discusses how Spanish society expressed social and political criticism through humor and describes the different forms of humor that took place during Francoism. The paper analyzes the Spanish humor of the Francisco Franco period as one of the most effective means of criticism of the government and escaping from the censorship.