10Sep04

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Full Text of the Royal Decree Creating an Inter-Ministerial Commission to Study the Situation Concerning the Victims of the Civil War and Francoism.

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MINISTRY FOR THE PRESIDENCY

16360 Royal Decree 1891/2004 dated 10th September which creates an Inter-Ministerial Commission for the study of the situation concerning the victims of the civil war and Francoism.

Bearing in mind the Statement [Proposición No de Ley] made by the Plenary Congress of Deputies dated 1st June 2004, the Council of Ministers resolved on 23rd July 2004 to constitute an inter-ministerial commission mandated to study the situation of those who endured repressive actions during the civil war and the period of Francoism as a result of their commitment to democracy and until the restoration of democratic liberties as well as to propose measures legal or otherwise which would be necessary to provide them with proper moral recognition and satisfaction.

The agreement recommended to the First Vice-President of the Government and Minister for the Presidency the formulation and submission to the Council of Ministers of an appropriate juridical instrument to create the said commission, which will be made up of Ministerial representatives to be determined by such instrument.

Consequently, in accordance with the provisions contained in Article 40 of Law 6/1997 dated 14th April, concerning the Organization and Functioning of the General Administration of the State, at the recommendation of the First Vice-President of the Government and Minister for the Presidency, and with the prior approval of the Minister for Public Administration and the prior deliberation of the Council of Ministers in their meeting dated 10th September 2004,

Article 1. Creation

1. An Inter-Ministerial Commission is created to study the situation concerning the victims of civil war and Francoism in the form of a collegial entity pursuant to the provisions of article 40.1 of Law 6/1997, dated 14th April regarding the Organization and Operation of the General Administration of the State.

2. The Commission shall be attached to the Ministry for the Presidency through the office of the Under-Secretary.

Article 2. Duties

The Commission shall have the following duties:

a) To undertake a general study of the hitherto recognised rights of the victims of the civil war and those who were persecuted or suffered reprisals at the hands of the Francoist regime and to prepare a report on the state of the matter.

b) To prepare a report on the conditions for access to those public and private archives necessary to achieve the objectives hereof.

c) To prepare for submission to the Government a draft bill which sets out the measures necessary to provide the victims with proper moral recognition and satisfaction.

d) Whatever other duties the Commission may consider necessary to achieve its objectives within the confines of its powers.

Article 3. Composition

1. The Commission will be made up of the following members:

a) The First Vice-President of the Government and Minister for the Presidency, who will act as President;

b) The Under-Secretary for the Presidency, who will act as Vice-President;

c) The State Attorney-General and Director of the State Legal Services

d) The General Secretary for Public Administration;

e) The Director of the Department of International Relations for the Presidential Cabinet;

f) The Director-General of Consular Affairs and Assistance;

g) The Technical General Secretary of the Ministry of Defence;

h) The Director-General for Personnel Costs and Public Pensions;

i) The Technical General Secretary of the Home Office;

j) The Director-General of Parliamentary Relations;

k) The Director of the Centre for Political and Constitutional Studies;

l) The Director-General of Libraries and Archives;

2. The secretarial duties of the Commission will be carried out by an official of the Department of the Presidential Under-Secretary with right of audience but with no voting rights.

3. In the light of the matters to be considered, the President may require senior officials of the State General Administration or of other Government Departments or the heads of other public bodies to attend such meetings and these persons shall have the right of audience but shall not have voting rights.

4. The Commission shall ensure the attendance and participation of social associations or organizations representing the affected individuals or connected to the issues relating to its mandate.

Article 4. Working Groups

The Commission can form working groups under the co-ordination of one of its members.

Article 5. Operation

1. The operation of the Commission will be pursuant to the provisions of the laws set out in Chapter 11, Title 11 of Law 30/1992, dated 26th November, concerning the Legal Regime of Public Administrations and Common Administrative Procedure.

2. The President shall establish a timetable for meetings, a system of working and in general shall decide all matters necessary to the proper operation of the Commission.

3. Where a post falls vacant or there is absence or illness or, generally, where there is justifiable cause, the members of the Commission may be substituted by a representative of the same Ministry previously appointed by the member about to be substituted.

Additional provision. Staffing and Material Resources

The Commission shall operate by use of the staffing and material resources at the disposition of the Ministry of the Presidency.

Final Provision. Entry into effect

This royal decree shall enter into effect the day after its publication in the "State Official Gazette". Issued in Madrid, 10th September 2004.

JUAN CARLOS R.

The First Vice-President of the Government and Minister for the Presidency
MARIA TERESA FERNANDEZ DE LA VEGA SANZ

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Published in the State Official Gazette number 227, 31523 and 31524, 20th September 2004.

DDHH en España

This document has been published on 21Sep04 by the Equipo Nizkor and Derechos Human Rights.