JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

EXPLANATORY STATEMENT

By this Law, Spanish society pays tribute to all those who have suffered from terrorist violence. The parliamentary groups of the Congress of Deputies and the Senate-unanimously-want to make this initiative an expression of recognition and solidarity in order to offer the victims of terrorism the manifestation of profound homage which, without a doubt, deserves their sacrifice.

The victims of terrorism have been, with their personal contribution, the exponent of a society determined not to allow anything or anyone to subvert the values of coexistence, tolerance and freedom. That is why the victims are the cleanest paradigm of the collective will of the citizens for a future in peace that must be built from dialogue, consensus and mutual respect among the various political options that they have. the legitimate representation of the citizenry.

The recovery of democracy affirmed a project of coexistence determined to overcome the old conflicts of our history. A project based on respect for the law, the popular will and the free and peaceful exercise of any political demands. Nothing, therefore, justifies the use of any form of violence, nor is there any argument for the fact that a few have broken peace.

However, today the expectations of a tomorrow without violence have a more hopeful horizon than at other times. This is undoubtedly a collective achievement of the whole of our society and of which only that society is its real protagonist. Therefore, in this context, the reference to the victims will always be the incontrovertible place of encounter in which to make all the democrats converge from the plurality and from the natural ideological difference.

Over the past two decades, the state has paid a unique and constant attention to the victims of terrorism. In the last twenty years, the action of all democratic governments has been designed to define a broad system of protection. At the same time, the courts ' action has been to purge the responsibilities derived from facts that shake any sensitivity even when there are still numerous crimes to be clarified. The action of the Justice has been based on judgments in which, together with the penalties for appalling and blind crimes, various damages are recognised and established in favour of the victims or their families who, without However, they have never been satisfied until now. Therefore, this Law does not seek to improve or improve the aid or benefits granted under the legislation in force, but to make cash-for reasons of solidarity-the right of the victims to be compensated or compensated in the concept of civil liability, subrogating the State from the obligation to pay those. However, the law also extends its protection to all victims of terrorism, whether the victims were recognised as being entitled under a firm judgment or in those other cases in which no such circumstance exists.

It is not a question of replacing the pain suffered by the victims by the effect of mere material compensation, because this would be unacceptable. The pain of the victims is-and will be forever-a testimony that must serve so that the Spanish society never loses the most authentic meaning of what it means to live in peace. For victims only the definitive banishment of violence can become their only possible compensation. Those who in themselves have endured the drama of terror ask us all to be able to make intolerance, exclusion and fear never replace word and reason.

This Law is, therefore, an expression of the agreement of all the legitimate representatives of the Spanish people to contribute to peace being the fruit of reconciliation and justice and for the victims of terrorism to receive once and for all. more, the manifestation of respect, admiration and affection that you always have to keep and keep our people.

Article 1. Object.

By this Law, the State gives testimony of honor and recognition to those who have suffered terrorist acts and, in consideration of this, assumes the payment of the compensation that is owed to them by the authors and others. responsible for such acts.

Article 2. Scope.

1. Victims of acts of terrorism or acts perpetrated by persons or persons integrated into armed groups or groups or who shall act in order to seriously alter the peace and security of the citizen shall be entitled to be resarked by the State, which shall assume, on an extraordinary basis, the payment of the corresponding compensation, in the form of civil liability and in accordance with the provisions of this Law.

2. Only the physical or physical damages suffered by such victims shall be indemnified provided that the acts or acts causing them have occurred between 1 January 1968 and the date of entry into force of this Law.

3. The compensation granted under this provision shall be granted only once and shall not imply the assumption by the State of any subsidiary responsibility.

Article 3. Beneficiaries.

They shall be beneficiaries of the allowances provided for in the previous Article:

1. Victims of acts of terrorism or acts perpetrated by persons or persons integrated into armed groups or groups or who shall act in order to seriously alter the peace and security of the citizen.

2. In the case of the death of the victims:

(a) Persons who have been designated as entitled under the relevant judgment or their heirs.

b) Where no judgment has been given, the spouse not legally separated or, where appropriate, the person who had been living with the victim permanently with a similar affectivity to that of the spouse, during the less than two years prior to the date of death, unless they have had offspring in common, in which case the mere cohabitation, and the heirs in descending or ascending straight line up to the second degree of kinship, shall be sufficient. The order of precedence and the principles of concurrence of the various beneficiaries will be those established in the Regulation of Aid and Remedies to Victims of Terrorism, approved by Royal Decree 1211/1997, of July 18.

Article 4. Honorary distinctions.

1. In order to honor the victims of terrorism, the Royal Order of Civil Recognition is created for the Victims of Terrorism.

2. The Government, on a proposal from the Minister of the Presidency and within the maximum period of three months from the entry into force of this Law, will approve the Regulation of the Royal Order of Civil Recognition to the Victims of Terrorism.

3. The Government, upon request of the persons concerned or their heirs, shall grant the decorations referred to in this Article in the degree of Grand Cross, posthumously, to the deceased in terrorist acts and, to the extent of Encomienda, to the injured and kidnapped in terrorist acts.

Article 5. Requirements for the recognition of compensation.

1. The following shall be credited to the persons concerned for the compensation provided for in this

:

(a) When, by virtue of a firm judgment, the right to be compensated in civil liability for the facts and damages referred to in Article 2 of this Law has been recognized.

(b) When, without such a sentence, the necessary judicial proceedings have been carried out or the criminal proceedings for the prosecution of the crimes have been initiated. In such cases, the status of victim or right-holder, the entity of the damages suffered, the nature of the acts or acts causing them and the other legally required requirements may be credited to the General Administration of the State any eligible means of proof in law.

2. Administrative decisions for which the persons concerned would have been recognised as victims of terrorism shall, in any event, be effective in dealing with and resolving the relevant administrative files.

Article 6. Quantification of compensation and compensation.

1. The obligations assumed by the State, pursuant to the provisions of Article 1 of this Law, extend to the payment of compensation or compensation established for physical or psycho-physical damages that cause the following contingencies:

a) Death.

b) Great Invalidity.

c) Absolute permanent inability.

d) Total permanent inability.

e) Partial permanent inability.

f) Non-invalidating permanent injuries.

2. The amount of compensation or compensation referred to in the preceding paragraph shall be determined as follows:

(a) Where there is a firm judgment recognizing compensation in respect of civil liability, either by death or by physical or physical harm, the amount fixed therein shall be paid, updated according to the Index of the constant value of the peseta. If the amount thus established is lower than the amount determined for each assumption in the Annex to this Law, the State shall compensate for the difference.

(b) Where there is no firm judgment, or if the judgment is not recognised or does not permit the recognition of an amount in civil liability for physical or psycho-physical damages, the amount provided for in the Annex to this Act shall be paid.

3. Within each case, the compensation or compensation shall be of the same amount, irrespective of the time when the act or event causing the damage would have taken place.

4. The victims of the abduction shall be compensated in the terms which they are determined to determine, the maximum amount that may correspond to that provided for in the Annex to this Law for the partial permanent incapacity.

5. The compensation granted under the provisions of this Law shall be compatible with pensions, aid, compensation or compensation which would have been received, or may be recognised in the future, under the provisions of the the legislation on Aid to Victims of Terrorism or other legal provisions.

Article 7. Other aids.

1. The various educational authorities shall, in the exercise of their respective powers, take the necessary measures to ensure the exemption of all types of academic fees in the official centres of study of all levels of education. victims of terrorist acts as well as their spouses and their children.

2. Irrespective of the compensation or compensation provided for in the previous Article, the victims of the acts referred to in Article 2 shall be granted specific aid for the financing of medical treatment, prostheses and interventions. surgical, provided that the current need for them is credited and not covered either by a public or private system of insurance, or by the public regime of compensation or aid to victims of terrorist acts.

Article 8. Transmission of civil action to the State.

1. The State shall be subrogated in the rights that assist the beneficiaries against those initially required to compensate as perpetrators of the crimes, in accordance with the provisions of this Article.

2. Prior to the receipt of the compensation provided for in this Law, the beneficiaries shall transmit to the State the civil actions of which they are the holders.

3. If there is no firm judgment, the victim or, where appropriate, the rightholders shall transmit to the State their expectation of entitlement based on the future judicial fixation of civil liability.

Article 9. Effects of different procedural situations.

1. If the civil liability has been fixed by a firm judgment, the victim or his or her rights holders shall only receive the compensation provided for in this Act in so far as such liability has not been made effective.

2. The pendency or opening of a judicial procedure on the operative events for civil liability shall not be an obstacle to the processing and, where appropriate, the granting of the remedies corresponding to this Law.

3. The fixing of an indemnity for civil liability, by virtue of a court judgment, shall have the effects provided for in Articles 6.2.a) and 8.1 of this Law. If the compensation laid down in the judgment, in respect of physical or psycho-physical damages, is higher than the amount received by the beneficiary, the State shall pay the difference.

Article 10. Processing of files and resources.

1. The Ministry of the Interior shall be responsible for the processing and resolution of the procedures and the payment of the compensation provided for in this Law.

2. Persons considered to be beneficiaries may, within six months of the entry into force of the Regulation of this Law, apply for the granting of the amounts that may be appropriate to them.

3. The maximum period for notifying the decision of applications shall be 12 months. In those procedures where no resolution falls within the prescribed period, the applications shall be deemed to be estimated.

4. The judgment shall terminate the administrative procedure, and may be brought against the same administrative-administrative appeal.

Article 11. Relationship with the Courts.

The Ministry of the Interior may obtain from the Courts of Justice the background, data or reports that are necessary for the processing of the files.

Article 12. Evaluation Committee.

An Evaluation Commission will be created in the Interior Ministry, which, under the chairmanship of the Technical Secretary General of the Department and composed of representatives of the Ministries of Justice, Economy and Finance, of the Interior and Labour and Social Affairs, it will prepare and propose the proposals for the resolution of the files that are dealt with under this Law.

Article 13. Tax exemptions.

1. The amounts received as a result of the compensation referred to in this Law shall be exempt from the Income Tax of the Physical Persons and any personal tax that may be imposed on them.

2. In particular, the compensation referred to in this Law shall be regarded as extraordinary public services for acts of terrorism, for the purposes of the exemption provided for in Article 7 (a) of Law 40/1998 of 9 December 1998 on the tax on The Income of the Physical Persons and other tax rules.

ADDITIONAL DISPOSITION

Unica.

The pensions of widowers and orphans caused by persons who have had recognised permanent disability or permanent disability pensions, resulting from some and other acts of terrorism, will also have the consideration of extraordinary pensions arising from such acts.

REPEAL PROVISION

Unica.

Any provisions of equal or lower rank shall be repealed as opposed to the provisions of this Law.

FINAL PROVISIONS

First. Regulatory development.

The Government, within three months of the entry into force of this Law, and on a joint proposal from the Ministers of Justice, Economy and Finance, the Interior and Labor and Social Affairs, will develop (i) the provisions of this

.

Second. Extraordinary credit and future budgetary needs.

1. The Government will, as soon as possible, raise a draft law for the granting of an extraordinary credit to the Cortes in order to finance the foreseeable payments in the course of 1999.

2. Subsequent budgetary needs shall be entered in the General Budget Laws of the State.

Third. Extra rules.

As not provided for in this Law, legislation on compensation to victims of terrorism or armed gangs, the provisions on grants and public aid and, where applicable, the law, will be applicable. 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Fourth. Entry into force.

This Law shall enter into force on the day of its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 8 October 1999.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ

ANNEX

Indemnities for physical and psycho-physical damages

TABLE I

Death and disability allowances

absolute permanent capacity

	Amount - Pesetas
	23,000,000
Invalidity	65,000,000
16,000,000
Total Permanent Incapacity	8,000,000
Partial Permanent Incapacity	6,000,000

TABLE II

Non-invalidating permanent injury indemnities

The amounts of these allowances shall be those resulting from the application of the permanent non-invalidating injury scale established by the Civil Liability and Automobile Insurance Act.