Transitional Justice and Forensic Exhumations: Reconciling Post-Conflict Violence in Spain
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University of Sydney
Australia
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.
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Author Biography
Natalia Maystorovich Chulio holds a Doctor of Philosophy and a Bachelor of Socio-Legal Studies (Hons) from the University of Sydney, as well as a Bachelor of Arts from the University of New South Wales. She is a criminologist and socio-legal scholar with a particular interest in social justice and the role of activist movements in driving societal change. Her research spans humanitarian and human rights law, transitional justice, and the archaeological recovery of mass graves. Since 2012, she has collaborated with the Asociación para la Recuperación de la Memoria Histórica (ARMH – Association for the Recovery of Historical Memory) to highlight the challenges faced by survivors seeking to recover victims of enforced disappearance. She has extensive teaching experience across socio-legal studies, criminology, sociology, social work, international and global studies, and Indigenous studies. She also contributed to an Australian Research Council (ARC)-funded project, Understanding Society: The Role of Sociology and Its Social Impact, led by Professor Fran Collyer, which examined the history of Australian sociology and its influence on public discourse, media, policy development, and legislation.