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The evolution of the protection of the rights of victims of terrorism in Spain

The evolution of the protection of the rights of victims of terrorism in Spain. AGATA SERRANÒ King Juan Carlos University Madrid (Spain). key points presentation. Context of victimhood and human costs of terrorism in Spain;

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The evolution of the protection of the rights of victims of terrorism in Spain

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  1. The evolution of the protection of the rights of victims of terrorism in Spain AGATA SERRANÒ King Juan Carlos University Madrid (Spain)

  2. keypointspresentation • Context of victimhood and human costs of terrorism in Spain; • Relevance of peaceful demonstrations against ETA’s terrorism since the eighties especially in the Basque Country; • Gradual recognition of the significance of victims of terrorism; • Evolution of Spanish legislation and statutory bodies for protection of victims of terrorism.

  3. The context of victimhood in Spain • From 1968 to 2010 more than 3,000 acts of terrorism have been committed in Spain. • These have caused more than 1,350 fatalities and more than 5,000 injuries. • Over 200,000 people have gone into “exile” from the Basque Country to protect themselves. • Thousands of Basques have been under threat yet decided to stay in Euskadi with no protection or have been forced to have bodyguards

  4. AUTOCHTONOUS TERRORISM IN SPAIN EXTREME RIGHT IDEOLOGY EXTREME LEFT REVOLUTIONARY IDEOLOGY Anti-colonialist ideological current Pro-independence ultra-nationalist ideological current • AAA • BVE • GAE POLISARIOFRONT • ETA • Terra Llure (Free Land) • EGPGC • MPAIAC • GRAPO • FRAP • GAL Anti-democratic counter-terrorist policies

  5. ISLAMIST TERRORISM ATTACKS IN SPAIN 2001 – Today 1980-1990 ISLAMIST TERRORISM • Related to Regional conflicts in the Middle East AL QAIDA Global Jihad movement • ISLAMIC JIHAD • ARMENIAN AND ARAB GROUPS • 11-M • ISLAMIST JIHADIST NETWORK

  6. NUMBER OF VICTIMS ON SPANISH TERRITORY BY TERRORIST GROUP (1960-2011) This chart does not include: - ETA’s murder on French soil of gendarme Jean-Serge Nerin perpetrated in 2010. - Spanish victims abroad due to Islamist terrorism since 2001. These number 42 and were killed by attacks against both military and Spanish agents on peace missions and also against civilians.

  7. NUMBER OF VICTIMS BY TERRORISM IN SPAIN AND AGAINST SPANISH CITIZENS ABROAD (1968-2011)

  8. ¿how has society reacted to ETA’s terrorism? Support for terrorism Justification Passivity Indifference IMPUNITY OF TERRORISTS RE-VICTIMISATION OF VICTIMS

  9. Spanish society has never reacted with violence against terrorism but with democratic and peaceful demonstrations that resulted in a useful element in drafting counter-terrorist policies From 1981 until 2012 within Basque society: • The TOTAL REJECTION OF TERRORISM has been gradually INCREASING from 23% to 60%* • The TOTAL SUPPORT OF TERRORISM has been DECREASING FROM 8% to 0,6%*. *Data are from the Euskobarómetro Research Team of the University of the Basque Country.

  10. Decreasing legitimisation of terrorism SOCIAL REJECTION OF TERRORISM Peaceful demonstrations: • Undermined social and political support of acts, intimidation and propaganda by ETA; • gave a voice to victims of terrorism; • made the main Spanish political parties aware of victims’ needs and improve legislation for their protection; • reinforced social and political cohesion and respect for democratic values; • become a defense mechanism against intimidation and coercion of ETA’s terrorism. Increasing solidarity with victims

  11. Victims’ needs Medical and psychological help Different kinds of assistance • Financial compensation Social, political and moral recognition Respect for their dignity Remembrance Truth Justice First aid, Assistance Reparation Public and social support Healing and Closure

  12. Associations, foundations, civic movements of victims in Spain Principalgoals: • The remembrance and dignity of victims • The fight against impunity for terrorists • The delegitimisation of terrorist rhetoric and construction of a narrative for victims. • The promotion of victims’ presence and visibility • The provision of many services such as social and legal assistance, etc. 2002- Today Victims of Terrorism Foundation • Coordination between foundations and associations of victims • Cultural activities

  13. Definition of victim of terrorism in Spanish Legislation 29/2011 - Law for the integral protection and recognition of victims of terrorism Art. 3: • This law will be applied to thosewho suffer terrorist actions, defined as that carried out by individuals who are part of criminal organisations or groups whose aim or objective is to subvert constitutional order or seriously alter public peace. • It will also be applied to victims of acts aimed at achieving the ends mentioned in the previous paragraph even when those responsible are not linked to said criminal organisations or groups.  

  14. statutory bodies SPANISH HOME OFFICE 1996-2004 2004- 2006 2006- Today General Directorate for Support to Victims of Terrorism Sub-Directorate for the Care of Victims of Terrorism High Commission for Support to Victims of Terrorism • Financial Compensation • Personalised assistance • Information for victims Comprehensive assistance Coordination with local administrations and private associations Implementation of integral assistance and protection for victims of terrorism BASQUE GOVERNMENT 2002- Today Directorate of the Basque Government for Service to Victims of Terrorism Integral assistance Financial Compensation Victims information

  15. Evolution of legislation 1980-1990 1990-2000 2000-Today “Solidarity” Law – 1999 “Integral Protection and Recognition” Law- 2011 9/1984 Law and other Royal Decrees • Improved Financial compensation • Personalisedmedical • and psychological • assistance • Special care for • families and children • Tax exemptions • Social and public recognition Equality and harmonisation within the compensation system Recognition of threatened People Victim reintegration policies (work, housing, protection of privacy, etc.) Financial support for associations and foundations of victims Remembrance, Truth, Justice Respect for their dignity as fundamental principles of the Law Minimal Financial Compensation Medical assistance

  16. Basque Parliament Law for the Recognition and Reparation of victims of terrorism (4/2008) PARTICIPATION RESPECT FOR THEIR DIGNITY JUSTICE VICTIMS OF TERRORISM’S RIGHTS REPARATION TRUTH REMEMBRANCE

  17. Thank you for your attention! AUTHOR’S CONTACT: AgataSerranò Research Fellow at King Juan Carlos University (Madrid - Spain) E-mail: agata.serrano@urjc.es

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