Last edited: December 16, 2004


Gays Persecuted by Franco Lose Criminal Status at Last

The Guardian, December 12, 2001 http://www.guardian.co.uk/international/story/0,3604,617816,00.html

By Giles Tremlett in Madrid

Spain’s parliament yesterday pledged to wipe clean the criminal records of gays locked up by the former dictator General Francisco Franco, and to look at ways to compensate them for the years of torture and imprisonment.

Thousands of homosexuals were jailed, put in camps or locked up in mental institutions under Franco’s homophobic dictatorship, which lasted for 40 years until his death in 1975.

Prison terms of up to three years were imposed under laws covering "public scandal" or "social danger". Homosexuals, almost all of them men, were packed off to mental hospitals where some were given electric shock.

Yesterday’s decision means that sentences for homosexuality will be taken off police files and the parliament will seek a way to redress the damage done.

One of those demanding compensation is Antonio Ruiz, from the eastern city of Valencia, who was sent to prison at 17 in the dying days of the Franco regime after he told his mother that he was gay and she asked a nun for advice.

"The nun went straight to the police and I was arrested and sent for trial," he recalled yesterday. "I spent three months in prison. I was raped there and in the police cells and psychologically tortured by both the guards and the prison doctor."

Five years ago, when stopped by police officers who checked his identity over the radio, he discovered that his homosexuality was still registered on a police file. "Watch out, that one’s queer," one of the police officers said.

It took until last year for him to get his record formally destroyed. Now he wants compensation. "It is not a question of money, but of moral restitution for someone who was brutally persecuted and had his life ruined," he said.

The exact numbers of those affected by the measures agreed yesterday are hard to determine. At least 1,000 gays were jailed during the last decade of Franco’s rule.

"A lot of them do not want to recall what happened," said a historian, Pablo Fuentes.

Those who suffered were mainly from the lower classes, Mr Fuentes said. "It is not uncommon to hear homosexuals from the upper classes and the aristocracy speak about the Franco period as a great time."

The persecution did not end with Franco’s death. When thousands of political and other prisoners were pardoned the following year, homosexuals were left to serve out their sentences. They could still be jailed until 1979 by the courts under the law on so-called "social dangers and rehabilitation".

Pedro Zerolo, president of Spain’s Federation of Gays and Lesbians, welcomed parliament’s decision but hoped more would be done. "What we want is a declaration of moral rehabilitation for those people who had part of their lives stolen by the state," he said.

The Franco regime and its Falangist supporters considered homosexuals a threat to their ideal of a "macho" Spanish male. "Any effeminate or introvert who insults the movement will be killed like a dog," General Queipo del Llano, Franco’s favourite broadcaster, once threatened.

Among the most prominent homosexuals killed by the regime was the leftwing poet and playwright Federico Garcia Lorca, whose writings were considered dangerously subversive.

At the end of Franco’s regime, homosexuality was increasingly viewed as an illness rather than a crime. "Homosexuals should be seen more as sick people than as criminals. But the law should still prevent them proselytising in schools, sports clubs and army barracks," one psychologist, Lopez Ibor, wrote in 1968.

The conservative People’s party of the current prime minister, José Maria Aznar, voted yesterday against an amendment that would have automatically given financial compensation to former gay prisoners, but agreed a committee should study the matter.

In recent years parliament has compensated former political prisoners and anti-Franco guerrilla fighters.


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