Justice opens the way 'online' for the declaration of repair to the persecuted in the war and the Franco
The Ministry of Justice has opened up a 'online' to request the Declaration of repair and personal recognition those who suffered persecution or violence during the Civil War and Dictatorship, a right enshrined in article 4 of the Law of Historic Memory passed by the Congress of Deputies last December 26, 2007, sources with the Department headed by Minister Mariano Fernandez Bermejo.
Through a 'banner' enabled on the website of the Ministry, www.mjusticia.es , dedicated to the Law of Historical Memory, the applicant may make your request in a telematics proving their identity through a certificate digital, such as Class 2 CA of the Fabrica Nacional de Moneda y Timbre, or the electronic ID.
The applicant must provide a copy of the receipt obtained by performing the request, supporting documentation of events, endorsements and resolutions mentioned. In the event that the person concerned is not the same, you must also attach supporting documentation of the relationship between the two and send it along with the above, the Registrar General, Ministry of Justice.
This electronic procedure that does not exclude the modality, guarantees the utmost respect for the protection of personal data.
The Declaration, adopted as a Royal Decree by the Council of Ministers on October 31, "is a recognition of the individual right of reparation and recovery of personal memory and family who during the Civil War and Dictatorship suffered persecution, convictions, penalties or any other forms of personal violence for political, ideological or religious belief, among others, "says the Ministry.
may apply for those directly affected and, in case of death, spouses or similar ascendants, descendants or collateral relatives up to second degree, as well as public institutions which have developed a relevant charge. In their application is responsible Processing Division Gracia Rights and Other Rights, a body attached to the Secretariat for Justice. Resolution , whose term is six months, shall be the holder of the department.
The Declaration does not in any case, the recognition of State liability or any Administration, nor does it cause and effect, reparation or economic or professional. However, will be fully compatible with any other form of redress under the law.
NATIONAL CHILDREN AND GRANDCHILDREN OF EXILED
Moreover, the imminent entry into force on 28 December, the seventh additional provision of the Law of Historical Memory, which recognizes the option to acquire the English nationality children and grandchildren of emigrants in exile during the War Civil and Dictatorship, interested parties are published in the Official Gazette and on the website of the Ministry of Justice, as of today, the instruction prepared by the Directorate General of Registries and Notaries laying down the procedure to follow.
The application, the model can be downloaded through the website of the Ministry, will present those whose father or mother was originally English and those whose grandfather or grandmother had lost or had to give up English citizenship as a result of exile.
In any case, the period within which the request is two years since the entry into force of the seventh additional provision - that is, before 29 December 2010 - extendable for another year by agreement of the Council of Ministers.
The application was made before the English civil registrar (municipal or consulate) for the place of domicile of the applicant, accompanied by another series of documents, detailed in the Instruction, which consist primarily of literal birth certificates, whether the applicant as one of its English parent, and in the case of the grandchildren, the English grandparent. These
English registration certificates may also be ordered in civil records, municipal or Consular for processing by electronic means through the website of the Ministry of Justice from December 5, 2008.
If the application for nationality requirements are credited, the elector will be required to complete the documentation within thirty calendar days is required. In case of denial of the petition may be brought before the Directorate General of Registries and Notaries and in the diplomatic or consular offices in Spain and abroad. INTERNATIONAL BRIGADE
also the website of the Ministry provides the ability to download the application form to require the brigade English nationality International, a right that, as a novelty, may be exercised without limit of time, compared with three years fixed the previous legislation.
This right, enshrined in a Royal Decree approved by the Council of Ministers on October 31, implementing Article 18 of the Law of Historical Memory, which recognizes again and singled in a way the work of the brigade and extends his right to English nationality by eliminating the requirement of having to renounce his previous.
The last of the regulations, which also published today the BOE is the Instruction on the query access to the books of deaths of Vital Records, also available www.mjusticia.es
Pursuant to the eighth additional provision of the Law of Historical Memory, this Instruction is to dispel the doubts that may arise in the civil registrars registration inquiries to the development of research scientific and historical framed in the period of civil war, the Franco regime, exile and transition.
thus combines advertising Instruction Civil Registry and the right of access to documentary collections deposited in public archives, but stresses that there are limited advertising cases affecting personal and family privacy. It also requires public authorities measures necessary to protect the integrity and cataloging of documents, especially in cases of major damage or risk of degradation.
More information: http://leymemoria.mjusticia.es/paginas/es/declaracion_reparacion.html
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