Declaración de Reconocimiento y Reparación personal

Request for the statement to those affected by persecution, violence, convictions or sanctions during the Civil war and dictatorship.

What is

Law 20/2022, of 19 october, from Democratic Heritage act, recognizes the right to reparation for moral damage and recovery of the personal and family memory of those who suffered persecution or violence during the Civil war and dictatorship.

For this reason, in article 6 of the act provides for the right to obtain aDeclaration of recognition and reparation staffthose who during the Civil war and dictatorship suffered persecution, prison sentences, penalties and any other forms of personal violence for political reasons, ideological or religious belief.

These reasons include ownership, participation or in connection with political parties, trade unions, religious or military, ethnic minorities, secret societies, masonic lodges naturally exist and resistance groups, as well as the exercise of behaviours associated with cultural options, linguistic and sexual orientation.

Through this statement, the spanish democracy will honour those citizens who suffered directly injustice and grievances arising from the Civil war and the Franco dictatorship. Those who lost their lives and also those who lost their freedom with deportation, imprisonment, confiscation of property, forced labour or placements in concentration camps within or outside our borders. Equally, will recognise those who lost their country due to a long, heartbreaking and in many cases, irreversible exile.

What is the impact of the declaration of Reparation

This implies recognition and moral restitution for those people who suffered as a result of the Civil war and dictatorship, and for their families.

The applicant will receive a certificate issued by the individual holder of the ministry of the presidency, relations with the courts and Democratic Heritagecontaining the Acknowledgement and restitution.

There will be a single compensation for each affected person. Once granted, the ministry of justice may issue copies of title to other relatives or public institutions to support its relationship with the affected party, upon request.

The Declaration does not imply recognition of responsabilidad patrimonial del Estado or any public administration, or gives rise to redress or compensation, economic or professional.However, it will be fully compatible with any other restitution formula established by law.

Documentation necessary to request the declaration

A. Application form. The restitution must be applied according to the Model that can be downloadedhere.

B.Documents relating to the affected party and, where appropriate, the applicant. Depending on who seek Statement should be submitted in addition the following documents (originals or copies compulsadas):

• Documents proving the identity of the affected (id card, passport or other document proof of identity and nationality).
• Unless the application is made by the affected because he has died, should be submitted in addition the documented the petitioner's identity (id card, passport or other document proof of identity and nationality) as well as the link with the person concerned (family record book, registration certificate, etc.).
• With the aim of expediting the handling and test the accreditation by family ties, in case of absence of documentation (family record book, Civil registration certificates, etc) or delayed delivery by other administrations, a rawdeclaration responsible for the right of the applicant through family tiesthat should attach to the request.
• On the assumption that the applicant is a public institution should receive the documents evidencing the juridical personality of the entity, of the representation and the link to the affected.

V.Documents relating to the facts and reasons for the request. In any case, all the documentation that is in the hands of the petitioner regarding the facts and reasons thereof, as well as all those background deemed appropriate.

It may also make documents and reports issued by entities or institutions, public or private, that are related to the repair and recovery of personal and family memory of victims of the Civil war and dictatorship, as well as political parties, trade unions and associations who suffered persecution during the dictatorship.

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

Who can apply

• The person directly affected, regardless of their nationality.
• In the event of death of the foregoing, may request the declaration:
  • The spouse or person connected with analogous relation of emotional health.
  • Direct ascendant relatives - parents, grandparents, etc.
  • The direct descendants: children, grandchildren, etc.
  • The brothers (the legislation limits consanguinity side to the second degree).
• Only in case there is no dependent spouse (or person with a similar relationship of emotional health) or the relatives, so as to the statement may apply to public institutions in which the person concerned would have developed relevant position or activity (for example the municipality if he served as mayor, the university if he was rector, etc.). This will require a prior agreement of the college of government.

Term

The Declaration may be requested at any time. If the application is not accompanied by the data and documents required for processing will require the person concerned to the present within 10 days. If this does not do so, a resolution will be withdrawn by its request.

This is without prejudice to the person to a later date, once they have obtained the documents that were unable to supply at the time.

The administration must notify the interested party of the resolution within 6 monthsstarting from the date of submission. After that without a resolution having been issued,the application shall be considered granted.

Application

• Attendance

The application, together with the rest of documentation, spelled out above may be included in any record of the General state administration, the autonomous communities or local authorities (Municipalities) in letter referred to the directorate General for the Democratic Heritage (ministry of the presidency, relations with the courts and Democratic Heritage).

• Through the electronic site (with digital certificate)

The application, together with the rest of documentation spelled out above may be brought on-line, also in the electronic site of this Ministry on the link below.

At the time of making the procedure, remember the following:

• The accreditation of applicant's identity will be achieved through digital certificate.
• You can set a maximum of four files (each file can contain more than one document).
• Among the documentation for the previous item should include the application form above.
• The maximum size of each file is 3 MB each.
• The formats for the documents shall be: .jpg, jpeg, odt, pdo, ods, odg, docx, xlsx, pptx, pdf, png, svg, tiff, txt.

Throughthis linkyou can access the telematic procedure in our headquarters.