The last use of capital punishment in Spain took place on 27 September 1975 when two members of the armed left-wing Basque nationalist and separatist group ETA political-military and three members of the Spanish anti-Francoist Marxist–Leninist group Revolutionary Antifascist Patriotic Front (FRAP) were executed by firing squads after having been convicted and sentenced to death by military tribunals for the murder of police officers and civil guards. Spain was Western Europe's only dictatorship at the time of the executions and had been unpopular and internationally isolated in the post-war period due to its relations with Nazi Germany in the 1930s and 1940s and the fact that its far-right autocratic leader, Francisco Franco, had come to power by overthrowing a democratically elected government. As a result, the executions resulted in substantial criticism of the Spanish government, both domestically and abroad. Reactions included street protests, attacks on Spanish embassies, international criticism of the Spanish government and diplomatic measures, such as the withdrawal of the ambassadors of fifteen European countries.
This was the last use of the death penalty in Spain; following the death of Francisco Franco, two months later, no further executions took place. The 1978 Spanish Constitution largely abolished the death penalty, with the exception of limited cases in the military code and also in times of war, and these exceptions were abolished in 1995. In 2012, a Basque Government commission found that the processes used to convict the two Basques that were executed had violated their rights and awarded compensation to their families.
Background Franco had come to power in 1939 after the Spanish Civil War, during which various factions had committed mass executions of political opponents. Numerous historians, including Helen Graham,Graham, Helen. The Spanish Civil War. A Very Short Introduction. Oxford University Press. 2005. p. 30 Paul Preston,Preston, Paul. The Spanish Civil War. Reaction, revolution & revenge. Harper Perennial. 2006. London. p. 307 Antony Beevor,Beevor, Antony. The Battle for Spain, The Spanish Civil War 1936–1939. Penguin Books. 2006. London. pp. 86–87 Gabriel Jackson,Jackson, Gabriel. The Spanish Republic and the Civil War, 1931–1939 Princeton University Press. 1967. Princeton. p. 305 Hugh Thomas, and Ian GibsonGibson, Ian. The Assassination of Federico García Lorca. Penguin Books. London. 1983. p. 168 believe that the summary executions of political opponents by the Francoist side, which became known as the "White Terror", was a deliberate policy. In contrast, the massive executions their opponents perpetrated in the first months of the war lacked the legal sanction of the Spanish government which Franco was seeking to overthrow. From 25 August 1936 onwards, the government of the Republic established special tribunals, that later evolved into popular tribunals, which, while frequently resorting to the death penalty, typically favored prison terms. In the zone controlled by the rebels, the death penalty, which had been abolished in 1932 for civil cases, was revived by Franco in 1938.The International Sourcebook on Capital Punishment, p. 67, William A. Schabas, Andrew Rutherford, UPNE, 1997
Hostility to Spain in the post-war period While Spain was neutral in World War II, Franco's sympathies remained with the Axis powers and he considered entering the war on their side. He maintained good relations with Nazi GermanyMI6 spent $200m bribing Spaniards in second world war, The Guardian, 23 May 2013 and many Francoists remained sympathetic to Nazism.Spain: El Caudillo , Time Magazine, 9 November 1953 This led Spain to be shunned by the international community, especially the Western European democracies and the United States, in the immediate post-war period. Europe-wide popular demonstrations against the Franco government occurred in 1946. In the 1950s, a thawing of relations occurred as Cold War tensions escalated and Franco's hostility to communism made him a reliable ally. This would result in reluctance on the part of the US government to support measures which could destabilise the Franco government.
Following the fall of both the authoritarian government in Portugal and the military junta in Greece in 1974, the Spanish government was the sole surviving dictatorship in Western Europe, where several countries in 1975 were ruled by socialist parties which had long loathed Franco for coming to power by overthrowing a social democratic and democratic socialist government. Hostility to the use of capital punishment was widespread in Western Europe at this time and most Western European countries had ceased using it.
Declining use of the death penalty in Spain Although up to 200,000 people were executed during the Spanish Civil War and its immediate aftermath, 48 people were executed in the period from 1948 to the time of the 1975 executions. Of those, 17 were executed by firing squad and 31 by garrotting. Historically, the garrote had been the preferred execution method in Spain, with firing squads used for political and military prisoners.The Next Frontier: National Development, Political Change, and the Death Penalty in Asia pp. 106–107, David T Johnson, Franklin E Zimring Oxford University Press, 2009
No executions took place from 1966 to 1972. The Burgos trials of September 1970 sentenced six ETA members to death, but, following international pressure and criticism, Franco commuted the death sentences.
New legislation In reaction to left-wing and Basque separatist violence, the government passed a new anti-terrorist law on 26 August 1975. Sympathising with terrorists would now carry a penalty of up to 12 years' imprisonment.Spain erupts into fury, The Guardian, 29 September 1975 The law re-established military tribunals, empowered to order executions of those they found guilty of terrorism against the state. It extended the time that suspects could be held for interrogation from three to five days, with an option of up to 19 days with judicial approval. In response, the European Parliament debated a motion proposed by the Confederation of the Socialist Parties of the European Community condemning the new law as an infringement of human rights and calling for the suspension of relations between the European Economic Community and Spain.España en Europa, 1945–2000: del ostracismo a la modernidad, pp. 148–149, Julio Crespo MacLennan, Marcial Pons Historia, Jan 1, 2004
Trials and sentencing The new law was rapidly enforced. The first military tribunal took place on 28 August 1975 in Castrillo del Val when ETA members José Antonio Garmendia and Ángel Otaegui were sentenced to death for killing civil guard Gregorio Posadas on 3 April 1974 in Azpeitia. Garmendia was accused of shooting Posadas and Otaegui of helping him to flee from police. Garmendia was shot during his interrogations and ended up in a coma. Due to his physical condition, he was unable to sign his confession, instead having his fingerprint placed on a confession which implicated Otaegui. Although witnesses failed to identify Garamendi and doctors testified that he was in no fit state to validate the confession, together with Otaegui, he was found guilty of the charges.
On 11 September 1975, near Hoyo de Manzanares, the trial of five Revolutionary Antifascist Patriotic Front (FRAP) members took place, despite attempts by their lawyers to have it postponed.Plea by defence fails at start of Madrid trial, The Times, 11 September 1975 The lawyers also interrupted the prosecutor's opening statement, claiming that it was wrong and omitted key details. They also believed that their clients could not receive a fair trial due to negative press reports describing them as "assassins."
As a result of the trial, FRAP members VIadimiro Fernández, Manuel Blanco, and José Humberto Baena received the death penalty for the killing of armed policeman Lucio Rodríguez in Madrid on 14 July 1975. Baena had been an activist in the then-illegal Communist Party of Spain and had been arrested and jailed following a student demonstration in 1970. His parents claimed that he had been in Portugal at the time of the killing and that one of the main witnesses was not allowed to attend the trial. Though the prosecution had sought the death penalty for all five accused, Pablo Mayoral Ronda and Fernando Siera Marco received sentences of 30 and 25 years, respectively.Three Spanish leftists sentenced to death, The Times, 12 September 1975 Lawyers of the three sentenced to death appealed the sentences.
The third military tribunal, held in Hoyo de Manzanares on 16 September 1975, sentenced FRAP members Manuel Cañaveras, María Jesús Dasca, Concepción Trisián, José Luis Sánchez-Bravo, and Ramón García Sanz, to death for their involvement in the killing of civil guard Antonio Pose in Madrid on 16 August 1975. The final tribunal took place in Barcelona on 19 September, and sentenced ETA member Juan Txiki Paredes Manot to death for the killing of armed policeman Ovidio Díaz in Barcelona on 6 June 1975.
On 26 September, the Council of Ministers, headed by Franco, confirmed the death penalty for five of those sentenced: FRAP members José Humberto Baena, Ramón García Sanz, and José Luis Sánchez Bravo; and ETA members Ángel Otaegui and Juan Paredes, while commuting the death penalty for the remaining six.
Reactions The sentences provoked international criticism and protests against the Spanish government. Large demonstrations took place in Italy, Stockholm, and Oslo, with the Swedish prime minister, Olof Palme, heading the Swedish demonstration. The Dutch foreign minister made a formal protest to the Spanish Ambassador.No Spanish executions for at least a week, The Times, 12 September 1975 The Spanish Embassy in Lisbon was attacked and set on fire. The Spanish embassy in Switzerland was occupied for two hours by protesters. Mexican president, Luis Echeverría, called for Spanish membership of the United Nations Security Council to be suspended, but this was vetoed by the United States, who considered it an internal Spanish matter. Pope Paul VI asked the Spanish government to grant clemency to the condemned at his Sunday blessing in St. Peter's Square, though he also condemned the crimes committed.53 held in Spanish drive against terrorists, The Times, 21 September 1975 Franco's brother, Nicolás Franco, joined calls for clemency, appealing to Franco's Christianity.
A group of French intellectuals, including the actor Yves Montand, the film director Costa-Gavras, and the journalist Régis Debray, attempted to organise a press conference in Madrid to read a prepared statement condemning the sentences, but were detained by police and expelled from Spain.
Executions
The executions took place on 27 September 1975. Ángel Otaegui was the first executed, at 08:30 in Villalón prison, Burgos. Juan Paredes was executed at 08:35 in Barcelona. Paredes, according to his brother, was led to his execution smiling and singing an anthem of the Basque Army.Execution of 5 terrorists in Spain sparks protests throughout Europe, Chicago Tribune, p. 2, 28 September 1975 The remaining three were executed in Hoyo de Manzanares, José Humberto Baena at 09:20, Ramón García Sanz at 09:40, and José Luis Sánchez Bravo at 10:00.
Burials