The coalition government of PSOE and Unidas Podemos are hoping it will be possible for crimes committed during the Franco regime to be punished under the new Democratic Memory Law in future. They have just filed a last-minute amendment to this effect in the draft law, but have stopped short of repealing the 1977 Amnesty Law altogether on the grounds that that had been a major achievement for democrats during the Transition.
It is not certain that the move will be successful, as the government lacks a majority in parliament and would need support from other parties to get it through.
The amendment says that all Spanish laws will be interpreted and applied in accordance with conventional international and common law, particularly international humanitarian law, under which war crimes, crimes against humanity, genocide and torture have no statute of limitations and cannot be subject to amnesty. Previous attempts to take action against perpetrators of crimes under the Franco regime have always failed because of the 1977 Amnesty Law which, although it enabled political prisoners to be freed after the death of Franco, also protected those who had carried out the crimes.
It is unlikely that this amendment will actually result in anyone being taken to court after so much time has passed, but its inclusion in the new law would be an important and significant victory for the families of victims and for the historical memory movement.
