Restitution of funds confiscated by the Francoist Goverment, and the compulsory nature of recommendations made by internacional human rights committees. A possible path to compensation.

This article discusses the use of Francoist monetary policy as a weapon in the Spanish Civil War, and the unlawful confiscation of Republican funds by the Francoist state. The confiscation must be understood as damage suffered by
private persons. This real damage has never been compensated by the Spanish democratic state in the framework of Spain’s transitional justice. As evidence of this non-compensation, we will examine Supreme Court Judgement no. 1470/2017, which dismissed the judicial claim for damages. One of the grounds of the judgement is the lack of financial liability by the State qua legislature for the omission of legislation that would regulate such reparations. This article puts
forth a possible channel for claims; specifically, the arguments contained in the Report by the UN Special Rapporteur on Transitional Justice, supported by the new stance of the Supreme Court regarding the mandatory nature of international committee recommendations, found in Supreme Court Judgement no. 1263/2018, which is the first acknowledgement of the binding nature of such recommendations for the Spanish State.